| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 89/01 |
| Determination date | 11 December 2001 |
| Member | G J Wood |
| Representation | H Cull & R Fletcher ; S Hornsby |
| Location | Wellington |
| Parties | Lloyd v The Museum of New Zealand Te Papa Tongarewa |
| Summary | UNJUSTIFIED DISADVANTAGE - No failure to provide good and safe work environment Work-related stress - Regularly worked overtime - Offers of assistance and offers to redistribute workload rejected - Reasonable care taken not to cause injury by reason of workload - Respondent not put on notice of risk of injury to psychological health - Within respondent's rights to impose time and budgetary constraints on applicant - No failure to provide development opportunities - Fund provided for professional development opportunities - Applicant's perception of workload prevented her from accessing fund - No failure to provide effective management - Level of remuneration open to fair and reasonable employer - Applicant's concerns over remuneration taken seriously - No substance to claim of failure to respect applicant - No requirement for employer to dissuade applicant from resigning where decision made in considered way - Discrimination - Suspicion that salary disparities due to gender discrimination not sufficient - UNJUSTIFIED DISMISSAL - Constructive dismissal - Resigned due to stress, health reasons and constraints on work project - No breach of duty likely to destroy or damage relationship of trust and confidence - Claim for constructive dismissal failed - Art curator |
| Result | Application dismissed ; 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;Edmonds v Attorney-General for New Zealand [1998] 1 ERNZ 1;Gilbert v Attorney-General in respect of the Chief Executive of the Department of Corrections [2000] 1 ERNZ 332;Rankin v Attorney General in respect of the State Services Commissioner [2001] ERNZ 476;Sadd v Iwi Transition Agency [1991] 1 ERNZ 438;Trilford v Car Haulaways Ltd [1996] 2 ERNZ 351 |
| Number of Pages | 23 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |