| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 176/05 |
| Hearing date | 8 Aug 2005 |
| Determination date | 17 November 2005 |
| Member | P R Stapp |
| Representation | S Moran, P Cranney ; D Patten |
| Location | Wellington |
| Parties | Dady v Cancer Society of New Zealand Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant interviewed on radio about screening for bowel cancer - Gave answer contrary to agreed policy - At board meeting, with applicant present, complaint raised - Further board meeting took place which applicant was not invited to - Decision not to give applicant complaint before Board meeting open to criticism but not unjustified disadvantage - Insufficient evidence to establish that applicant was attacked" at meeting - Not allowing applicant opportunity for input in Board's telephone conference not unjustified disadvantage - Decision not to give applicant opportunity for input into confidential report following telephone conference not unjustified disadvantage - Respondent's actions could be criticised but fell short of disadvantage - Applicant's action of subsequently raising personal grievance brought any investigation and enquiry to a halt and limited any damage - He also had the opportunity to reply - Employer entitled to see if there was an issue before pursuing such a matter - Any failure could be rectified and put right before it caused by damage - Even if wrong that no unjustified disadvantage, amount claimed in compensation by applicant was nominal and reflected his concern more about the process followed - Problem could be resolved by giving recommendations suggested by applicant about process respondent should follow in such matters - COSTS - Costs should follow event in applicant's favour considering the outcome of problem and nature of problem - Medical director" |
| Result | Application dismissed ; Costs in favour of applicant ($2,500) ; Disbursements ($35)(General) ; ($70)(Filing fee) |
| Cases Cited | Rankin v Attorney-General [2001] ERNZ 476 |
| Number of Pages | 7 |
| PDF File Link: | wa 176_05.pdf [pdf 35 KB] |