| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 119/07 |
| Hearing date | 14 Jun 2007 |
| Determination date | 02 October 2007 |
| Member | J Crichton |
| Representation | P Macdonald ; S Fairclough |
| Location | Christchurch |
| Parties | Oosthuysen v Humes Industries Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant withdrew constructive dismissal claim as resigned before matters complained of occurred – Applicant suffered work related injury after respondent accepted resignation – Obtained two medical certificates as first medical clinic referred him to second centre – First certificate stated applicant fit to return to work – Second indicated applicant required week off work – Respondent denied receiving second certificate – Third certificate, with later date, faxed to respondent by first medical centre when applicant began treatment – Respondent confused by change to date and attempted to contact applicant – Applicant alleged did not return calls as messages threatening – Applicant’s claim that subject to harassment and rudeness when returned to workplace denied by respondent – Authority not persuaded respondent’s attempts to contact applicant constituted harassment – On balance of probabilities, applicant’s recollection of providing second certificate to respondent mistaken – Respondent’s behaviour inconsistent with knowledge medical advice changed – Respondent’s actions to try to establish what was going on reasonable in circumstances - Applicant continued to work out three months notice – On balance, suggestion of humiliation or harassment unbelievable – No disadvantage |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | ca 119_07.pdf [pdf 32 KB] |