| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 160/06 |
| Hearing date | 14 Sep 2006 |
| Determination date | 22 November 2006 |
| Member | J Crichton |
| Representation | D Beck ; P Shaw |
| Location | Christchurch |
| Parties | Van Leeuwen v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Alleged respondent failed to act when bullied and harassed by co-worker - Applicant never formally complained about co-worker, despite being asked - HR adviser worked with both employees and viewed problem as personality conflict - Applicant encouraged to take time off because faced external pressures, as well as work difficulties - Went on sick leave and effectively never returned - Authority satisfied respondent did not suggest applicant resign or try to force him out of position - Applicant interested in returning when co-worker resigned - Original position changed, so offered alternative roles - Parties attended mediation on issue of returning but it remained unresolved - Evidence did not support categorisation of events as bullying or meet definition in respondent's policy - Unsatisfactory personal relationship between co-workers could not constitute bullying in a legal sense - Co-worker regarded herself as victim of bullying because of applicant's regular complaints - Refusal to lodge formal complaint went against wish to categorise problem as bullying - Within framework of informal complaint process chosen by applicant, respondent did all reasonably could to address his concerns - Authority's only concern was perhaps respondent did not make consequences of not making formal complaint as abundantly clear as might have been appropriate - Clear reasons, related to natural justice, formal investigation into co-worker's behaviour could not take place without formal complaint - Evidence strongly suggested applicant resigned after reading medical report stating fit to return to work with conditions - Authority of view he acted prematurely and denied respondent opportunity to work with him to resolve issue - Effectively confirmed decision by refusing to meet with respondent - No unjustified disadvantage - No constructive dismissal - Length of service two years five months - Occupational therapy instructor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168 |
| Number of Pages | 9 |
| PDF File Link: | ca 160_06.pdf [pdf 65 KB] |