| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/06 |
| Hearing date | 29 Nov 2005 |
| Determination date | 23 February 2006 |
| Member | J Crichton |
| Representation | C Hannagan ; E Beaumont |
| Location | Christchurch |
| Parties | Henare v After Hours Moorhouse Medical Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged resigned because of respondent's treatment of her illness and its apparent consequences in workplace - Applicant suffered from endometriosis - Alleged respondent made it difficult for her to take sick leave when needed and refused to allow annual leave when sick leave was extinguished - Applicant took significant amount of leave and only one instance of leave not being granted was documented - Not persuaded on evidence that respondent behaved unfairly or inappropriately in relation to requests for leave - Applicant alleged practice manager sighed and grumbled when she rang to say would be ill and said applicant was putting pressure on other staff - Not accepted such comments made - Concluded that effect of illness may have had effect of dimming recollection of events - No other inappropriate behaviour - Alleged practice manager effectively tried to manipulate leave position - Claim not accepted - Reason was no record of leave without pay was because applicant preferred to have leave on pay - No evidence suggesting applicant unjustly treated in relation to leave - Alleged director and shareholder of respondent said if lawyers were to be involved he would prefer applicant's resignation - Comments did not amount to constructive dismissal - Not persuaded that applicant accurately reported what director said - No constructive dismissal - Alleged suffered workplace stress because of way treated - Medical evidence suggested applicant was suffering from workplace stress - However, scant evidence that applicant ever advised employer of stress - No viable cause of action - Some performance issues - Nothing inappropriate in behaviour of employer in relation to performance issues - UNJUSTIFIED DISADVANTAGE - No evidence to support claim - Claim dismissed - DISCRIMINATION - Alleged discriminated against by reason of physical illness - No evidence to support claim - Claim dismissed - Casual medical receptionist |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 12 |
| PDF File Link: | ca 27_06.pdf [pdf 70 KB] |