| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 81/06 |
| Hearing date | 30 May 2006 |
| Determination date | 06 June 2006 |
| Member | P Cheyne |
| Representation | WJ Vaile ; P White |
| Location | Christchurch |
| Parties | Vaile v West Coast District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought employment overseas while on leave without pay - Alleged manager from respondent provided defamatory references – Applicant sought and received apology, removal of references from files, and assurance manager would not provide further references – Complaint about references settled – No personal grievance mentioned until applicant returned to work nearly a year after relevant events occurred – Original complaint advanced as negligent misstatement - Even if letter of complaint could be read as raising personal grievance it would be out of time – Respondent did not consent to grievance being raised out of time - No application for leave – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned soon after she returned from leave – Resignation caused by references – When references given applicant could have resigned and brought claim for constructive dismissal – Applicant chose to enforce contract provided appropriate response received to complaint – Too late to undo choice – No constructive dismissal – Length of service “many years” – Registered nurse |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | ca 81_06.pdf [pdf 19 KB] |