| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 387/07 |
| Hearing date | 27 Jun 2007 - 2 Jul 2007 (4 days) |
| Determination date | 10 December 2007 |
| Member | J Wilson |
| Representation | E Nelson (in person), K Nicolson ; C Blake |
| Location | Auckland |
| Parties | Nelson v Fletcher Steel Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Authority found respondent did not misled applicant or act in bad faith when hiring him - Applicant also alleged breach of duty of care as overworked and had unreasonable demands placed on him resulting in stress related illness - Raised matters with respondent as personal grievance and claimed it handled things unfairly causing further disadvantage - Although applicant under stress during employment, on balance level of stress not extraordinary - Respondent appropriately addressed concerns brought to its attention - No breach of duty to provide safe workplace - No evidence stress caused heart disease - No breach of good faith in way first grievance investigated - UNJUSTIFIED DISMISSAL - Applicant subsequently dismissed on grounds of medical incapacity - Parties had agreed to gradual return to work after applicant underwent surgery - Applicant advised unable to work at full capacity and situation could continue for further six months - Respondent considered employment agreement frustrated - No evidence ongoing personal grievance influenced decision to dismiss - However, decision made quickly and without giving applicant proper opportunity to comment - Dismissal unjustified - Remedies - Medical condition meant applicant would not have been receiving full salary - Also dismissal probable if respondent followed correct procedures - Lost wages limited accordingly |
| Result | Application granted (Dismissal) ; Reimbursement of lost wages (Half of one month’s wages) ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Attorney General v Gilbert [2002] 1 ERNZ 31 |
| Number of Pages | 33 |
| PDF File Link: | aa 387_07.pdf [pdf 102 KB] |