| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 110/06 |
| Hearing date | 20 Feb 2006 |
| Determination date | 04 April 2006 |
| Member | L Robinson |
| Representation | C Cook ; R Pool |
| Location | Auckland |
| Parties | Golden v Northland District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - While on holiday overseas applicant received email stating he would no longer relieve for team midwives and would be core midwife only - Change reduced salary by one third - Applicant considered altered position different employment and cancelled return to New Zealand due to uncertainty - Continued correspondence failed to resolve problem and applicant resigned - Applicant should have been informed and consulted regarding planning meeting and role change - Duty of good faith breached - Relieving work was major component of applicant's employment and he had contractual entitlement to work as team midwife - Unilateral variation - Serious breach of duty made it foreseeable applicant would resign - Unjustified dismissal - Remedies - Contributory conduct - Applicant could not be criticised for remaining in England but remedies reduced by 33% as he was obstructive and non-compromising - Lost wages calculated using core midwife salary - Length of service eight months and two weeks - Midwife |
| Result | Application granted ; Reimbursement of lost wages (22 weeks)($21,153.85 reduced to $14,102.56) ; Compensation for humiliation etc ($6,000 reduced to $4,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Local Authorities Union [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 6 |
| PDF File Link: | aa 110_06.pdf [pdf 70 KB] |