| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 22A/07 |
| Hearing date | 9 May 2007 |
| Determination date | 22 August 2007 |
| Member | H Doyle |
| Representation | J Beck ; B Dorking |
| Location | Dunedin |
| Parties | Fraser v The Vice Chancellor of the University of Otago |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed constructively dismissed due to mismanagement by HOD of difficult relationship with co-worker (“S”) – Applicant resigned giving four months notice, citing stress problems – Applicant’s lengthy notice period, and actions during it inconsistent with claim for constructive dismissal, and affirmed her contract of employment with respondent in knowledge of any breach – Authority found, if incorrect, any breaches not sufficiently serious to make resignation reasonably foreseeable - No constructive dismissal – UNJUSTIFIED DISADVANTAGE - Head of department breached obligations of trust, confidence and good faith by not following up with applicant after she raised concerns about S at performance review – Respondent’s actions in not investigating whether applicant well enough to work notice period, and failing to investigate whether workplace safe to work out notice, unjustified – Actions not fair and reasonable in circumstances – Unjustified disadvantage – Remedies - Entitled to compensation for first breach - Applicant’s stress increased during notice period – Applicant contributed to second breach, because did not advise unwell, or take all practical steps to ensure own safety at work – Also did not appear to have followed medical advice to take break before working again – Proper communication would probably have resulted in applicant taking leave for part of notice period – Real likelihood recuperation period could have been reduced – Constituted contributory conduct - Contribution taken into account in lost wages, and compensation award for second breach |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Reimbursement of lost wages (13 weeks reduced to 6ï¾½ weeks) ; Compensation for humiliation etc ($3,000)(First breach) ; ($6,000)(Second breach) |
| Main Category | Personal Grievance |
| Statutes | ERA s160(3);ERA Second Schedule cl10(1) |
| Cases Cited | Attorney-General v Gilbert [2002] 2 NZLR 342 (CA);Auckland Shop Employees v Woolworths (NZ) Ltd [1985] 2 NZLR 372;Para Franchising Ltd v Whyte [2002] 2 ERNZ 120 |
| Number of Pages | 26 |
| PDF File Link: | ca 22a_07.pdf [pdf 85 KB] |