| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 34/06 |
| Hearing date | 6 Dec 2005 - 8 Dec 2005 (3 days) |
| Determination date | 03 March 2006 |
| Member | G J Wood;G J Wood |
| Representation | B Buckett, A O'Brien ; P Churchman, B Fleming, E Marx |
| Location | Wellington |
| Parties | Crook v Sovereign Insurance NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged failure to provide safe workplace resulting in psychological illness - Applicant had to manage particular employee (F") who had difficulty taking instructions from applicant because she was a woman - After mediated settlement between F and respondent F did not return to workplace - Applicant believed F's behaviour should have been dealt with more quickly - Applicant also disliked her new manager's approach and her condition deteriorated - Went on sick leave for a month - Respondent liased with applicant's general practitioner with applicant's consent - Upon return to work applicant considered that lesser hours or lesser duties not necessary so respondent did not plan these - Applicant alleged bullying by manager but no witness other than applicant gave direct evidence of this - Incident between applicant and another employee led to respondent commencing disciplinary investigation about applicant's alleged serious misconduct - Day after applicant told of investigation she never returned to work - Difficulties setting up disciplinary meeting - Applicant resigned - Credibility finding in favour of respondent's witnesses - Employer obliged to take all reasonable care to avoid exposing employee to unnecessary risk of injury or further injury to his or her physical or psychological health - Applicant developed significant and persistent mental health disorder in response to F issue and her negative reaction to manager caused relapse of original illness - However risk not reasonably foreseeable because applicant did not tell respondent and her behaviour did not exhibit itself as that of person mentally unwell - Respondent provided support during and after F issue including offer of EAP services - Respondent had obligations to F as well as applicant and it could not be said that it did not take all reasonable care in assisting applicant - Clearly open to respondent to investigate allegations of misconduct - No failure to provide and maintain safe system of work and no constructive dismissal - Publication of applicant's medical records and any details of applicant's injuries other than as set out in determination prohibited - Length of service two years ten months - Services Sector Line Manager" |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Edmonds v Attorney General [1998] 1 ERNZ 1;Koia v Attorney-General in respect of the Chief Executive of the Ministry of Justice [2004] 2 ERNZ 213 |
| Number of Pages | 17 |
| PDF File Link: | wa 34_06.pdf [pdf 86 KB] |