| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 112/05 |
| Hearing date | 20 Jul 2005 |
| Determination date | 19 August 2005 |
| Member | P Cheyne |
| Representation | C Newcombe (in person) ; B Greer |
| Location | Christchurch |
| Parties | Newcombe v Rata Te Awhina Trust |
| Summary | UNJUSTIFIED DISADVANTAGE - Verbal warning - Client made complaint about her case worker concerning information about client's partner (information") - Client's file transferred to applicant - Applicant made reference to information to client and identified who had told her information - Told respondent about client's negative reaction - Discussion of situation at team leaders' meeting - At subsequent meeting applicant given verbal warning for serious misconduct of breach of confidentiality - Respondent alleged Authority did not have jurisdiction - Employer's action of issuing warning did not derive solely from application or operation of employment agreement - Respondent had to justify decision to issue warning if called on to do so under personal grievance provisions - No full investigation before warning issued and applicant did not have opportunity to explain or mitigate situation - Evidence of pre-determination - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned after securing another job - Alleged respondent became hostile when she challenged warning - Inevitable that challenging warning would result in measure of tension in working relationships but evidence did not go far enough to establish that respondent conducted itself with deliberate and dominate purpose of coercing resignation - No breach of duty sufficiently serious - No constructive dismissal - Publication of client's name or any details of her circumstances prohibited - Case worker" |
| Result | Application granted (unjustified disadvantage) ; Application dismissed (unjustified dismissal) ; Compensation for humiliation etc ($2,500) ; Orders accordingly ; No award of costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Statutes | ERA s103(1)(b);ERA s103(3) |
| Cases Cited | Alliance Freezing Company (Southland) Ltd v NZ Amalgamated Engineering etc IUOW [1989] 3 NZILR 785;Auckland Shop Employees IUOW v Woolworths [1985] ACJ 963 |
| Number of Pages | 5 |
| PDF File Link: | ca 112_05.pdf [pdf 31 KB] |