| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 104/06 |
| Hearing date | 31 Jan 2006 |
| Determination date | 03 April 2006 |
| Member | R Arthur |
| Representation | B Quarrie ; D Mackinnon |
| Location | Auckland |
| Parties | King v Far North Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal - Applicant kidnapped by armed robber and had cash stolen from the security truck he was driving – Alleged respondent breached obligations by not providing proper training, support, and counselling after robbery and making inaccurate reports to the Police about him – Applicant ended up working alone on day of robbery – Department of Labour Guidelines for the Safety of Staff from the Threat of Armed Robbery used as helpful guide as to what could be reasonably expected of employers – Applicant attended a one-day course before robbery – Applicant was adequately trained in company’s procedures regarding cash pick-up work – After robbery applicant was positively encouraged to undertake counselling and was provided with support – Applicant alleged he suffered intense police scrutiny because the respondent wrongly suggested he did not follow proper procedures – No specific breach of duty – Authority decided to look at matter as one of unjustified disadvantage - Fact that applicant was able to go to work on his own on a cash transit run did not support finding of constructive dismissal but did amount to unjustified disadvantage – Respondent’s unsafe work system increased risk of robbery occurring - Applicant advised his sick leave had expired and his pay was stopped – Asked to provide medical certificate for absences from work from date of robbery – Was told he should see whether he was eligible for income from ACC or WINZ – Unjustified disadvantage – Applicant to be reimbursed for costs of psychologist and doctor’s consultation - Non publication order prohibiting publication of any evidence or pleadings filed which disclosed amount of money taken in robbery and details and circumstances or manner of robbery and treatment of applicant during robbery (other than information already in public domain as result of police statements to media) - Security officer |
| Result | Application dismissed (Constructive dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Reimbursement of psychologist expenses ($1,012.50) ; Reimbursement of doctor's expenses ($18) ; Costs reserved |
| Statutes | ERA s122;ERA s160(3);ERA Second Schedule cl10(1) |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Ruebe-Donaldson v Sky Network Television Limited [2004] 2 ERNZ 83 |
| Number of Pages | 11 |
| PDF File Link: | aa 104_06.pdf [pdf 72 KB] |