| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 22/06 |
| Hearing date | 23 Nov 2005 |
| Determination date | 13 February 2006 |
| Member | P R Stapp |
| Representation | M Brewer ; P Cullen, L McKenzie |
| Location | Wellington |
| Parties | Hunt v Mercury Consulting Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Applicant alleged increased workload - Concerned about security of job when manager and Managing director overseas - Alleged during that time had to deal with matters outside her responsibility - Off work on sick leave - Medical certificate mentioned stress over increased workload - Another person was engaged to help out - Manager and Managing director became aware applicant was being treated by GP - Decided to wait results of tests - Called meeting to discuss health - Dispute over what was said at meeting - Doctor advised she had clinical depression caused by work related stress - Applicant left work - Raised claim for personal grievance and a few weeks later alleged manager had sexually harassed and bullied her - Whether breach of employment agreement or Health and Safety in Employment Act 1992 - Medical evidence one sided - Could not accept claim that stress caused by workplace - Evidence of other factors potentially bringing about medical conditions - Not established that manager's alleged behaviour caused her to leave employment - No link between any stress and alleged bullying and sexual harassment - Applicant did not complain about bullying and sexual harassment until later - Potential 90 day issue - Not foreseeable applicant would resign - No constructive dismissal - Career Services Sales and Service Executive |
| Result | Application dismissed ; Costs reserved |
| Statutes | HSE |
| Cases Cited | Lloyd v Museum of New Zealand Te Papa Tongarewa unreported, Shaw J, 5 September 2003, WC 27/03 |
| Number of Pages | 11 |
| PDF File Link: | wa 22_06.pdf [pdf 50 KB] |