| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 53/06 |
| Hearing date | 23 Mar 2006 |
| Determination date | 06 April 2006 |
| Member | D Asher |
| Representation | D Mitchell (in person) ; C Heaton |
| Location | Wellington |
| Parties | Mitchell v Blue Star Print Group (NZ) Ltd t/a Printlink |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned six months after onset of overuse injury – Alleged caused by reduced staff numbers and increased workload – Stress related psychological problems also evident – Medical reports indicated return to same occupation in future unlikely – Respondent endeavoured fairly and reasonably at all times to provide applicant with good and safe working conditions - No unreasonable delay in responding to applicant’s concerns - All occupational safety and health recommendations implemented including workload reduction - General damages claim for personal injury barred by accident compensation legislation - Exemplary damages not available as remedy for personal grievance under Employment Relations Act 2000 – Dismissal claim not sustainable given applicant deemed by Accident Compensation Corporation as unfit to undertake previous occupation – In any case, no breach of employment agreement by respondent and decision to resign not foreseeable – No constructive dismissal - Matter of income protection insurance to be raised by applicant with insurance company - Length of service with respondent and predecessors 14 years – Guillotine operator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103(1)(b);ERA s123;Injury Prevention Rehabilitation and Compensation Act 2001 s317(1);Injury Prevention Rehabilitation and Compensation Act 2001 s318(2) |
| Cases Cited | Attorney-General re Commissioner of Police v B & Ors unreported, Gault, Keith , Anderson JJ, 10 June 2002, CA 207/01;Attorney-General v Gilbert [2002] 2 NZLR 342 ; [2002] 1 ERNZ 31;Auckland Electric Power Board v Auckland Provincial District Local Authorities Offices IUOW etc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Bottrill v A [2003] 2 NZLR 721;Brickell v Attorney-General [2000] 2 ERNZ 529;Brittain & Ors v Telecom Corporation of NZ Ltd [2001] ERNZ 647 ; [2002] 2 NZLR 201;French v The Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Western Mailing Ltd v Subritzky [2003] 2 ERNZ 465 |
| Number of Pages | 13 |
| PDF File Link: | wa 53_06.pdf [pdf 58 KB] |