| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 133/06 |
| Hearing date | 31 May 2006 |
| Determination date | 30 August 2006 |
| Member | P Cheyne |
| Representation | DJ Taffs ; P White |
| Location | Christchurch |
| Parties | MacGougan v The West Coast District Health Board (WCDHB) |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged breach of confidence by respondent's representatives when it attempted to have him admitted to psychiatric clinic - Applicant had problems with anxiety, panic attacks and alcohol - Medical certificates stated unfit for work for six months - Respondent's employees could be funded for referral to clinic - Manager arranged for applicant to see psychiatrist employed by respondent for referral - Arrangements made with applicant's consent, at least through partner - After consultation, psychiatrist wrote to another doctor asking applicant be considered for referral, and to respondent's manager - Applicant claimed told assessment would be kept confidential but respondent's typists processed assessment, and referral doctor was respondent's employee - Authority found applicant knew of referral doctor's involvement and only told local typists would not be used - Applicant later resigned and alleged actions of psychiatrist breached assurances of confidentiality or privacy and were breaches of duty by respondent - Actions complained of not those of employer - Although employed by respondent, psychiatrist not acting as employer in dealings with applicant - Resignation not caused by breach of duty by employer - Applicant also alleged respondent breached obligation's by making report to Nursing Council under Health Practitioners' Competence Assurance Act 2003 (HPCA") - Report not made in bad faith - No civil proceedings could be brought against respondent for making report because of operation of s45(6) HPCA - No other grievance could by taken in relation to events as not raised within time limit - Length of service one year seven months - Psychiatric nurse" |
| Result | Application dismissed ; Costs reserved |
| Statutes | Health Practitioners Competence Assurance Act 2003;Health Practitioners Competence Assurance Act 2003 s45;Health Practitioners Competence Assurance Act 2003 s45(6) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Merritt v The Commissioner of Police unreported, Colgan J, 16 March 1998, AEC 16/98 |
| Number of Pages | 4 |
| PDF File Link: | ca 133_06.pdf [pdf 27 KB] |