| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 33A/07 |
| Hearing date | 3 Jul 2007 |
| Determination date | 05 September 2007 |
| Member | J Scott |
| Representation | M Hammond ; G Bevan |
| Location | Hamilton |
| Parties | Clear v Waikato District Health Board |
| Summary | PRACTICE AND PROCEDURE – Quantum of remedies – Previous Authority determination found applicant unjustifiably disadvantaged by respondent’s failure to investigate complaint against team leader or treat her fairly during process – Question of remedies reserved – Evidence of hurt and humiliation related to breach supported award at higher level – Breach of duty very serious and sustained over lengthy period (12 months) – further, respondent knew applicant ill and had particular duty to complete investigation in timely manner – Authority not persuaded applicant contributed to grievance – Ioane distinguished – Compensation of $15,000 appropriate – Lost remuneration resulted from break down in health, not disadvantage grievance – No award of lost wages - Applicant also claimed owed monies in respect of lieu days not taken by her prior to termination of employment – Number of lieu days claimed by applicant outside normal parameters of custom and practice arrangement that prevailed – No evidence arrangement ever provided for lieu days to paid out – No award for lieu days |
| Result | Quantum specified ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Harbord and Waste Management Ltd unreported, D Asher, 23 February 2005, WA 30/05;NCR (NZ) Corporation v Blowes [2005] 1 ERNZ 932;Northern Distribution Union v Sherilee Holdings Ltd t/a New World Titirangi [1991] 2 ERNZ 675;Reeves v Pyne Gould Guiness Ltd unreported, Palmer J, 19 July 1996, CEC 22/96;Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825;Telecom v Post Office Union [1992] 1 ERNZ 711 &;Waitakere City Council v Ioane [2005] 1 ERNZ 1043 |
| Number of Pages | 9 |
| PDF File Link: | aa 33a_07.pdf [pdf 40 KB] |