| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 403/07 |
| Hearing date | 9 Oct 2007 - 10 Oct 2007 (2 days) |
| Determination date | 19 December 2007 |
| Member | R Arthur |
| Representation | S Callanan ; H Thompson |
| Location | Auckland |
| Parties | Menelda v Publicis Mojo Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged respondent breached duty to keep her safe from harm by failing to properly deal with bullying by client which led to nervous breakdown - Respondent accepted applicant raised issues about client but claimed it dealt with them and breakdown not foreseeable - Applicant employed specifically to deal with key client - Two years into role indicated felt stressed by client and wanted to resign - Parties agreed applicant would take leave at health resort with respondent contributing to expenses - No further complaints from applicant, but six months later applicant advised would no longer work for client - Agreed to continue while respondent looked at alternative roles - Other staff appointed to work on client account with applicant - Applicant had “meltdown” after client meeting and visited doctor - Diagnosed with stress and anxiety due to work - Evidence did not support conclusion client’s behaviour bullying - However, clear applicant felt under considerable strain - Respondent’s response to applicant’s attempted resignations showed it provided reasonable level of support and responsiveness - No breach of duty - Obiter comment harm not foreseeable - Doctor’s diagnosis resulted from applicant’s self reporting - Not sufficient for Authority to determine respondent’s actions caused ill health - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Medical grounds - Applicant dismissed after five month absence due to illness - Respondent submitted employment terminated when applicant’s doctor advised she was permanently unable to return to work - Steps to terminate employment relationship reasonable in light of medical evidence available to it - Dismissal justified - Advertising account director |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Attorney General v Gilbert [2002] 1 ERNZ 31;Edmonds v Attorney-General [1998] 1 ERNZ 1;Evans v Gen-I unreported, D King, 29 August 2005, AA333/05;Kneebone v Schizophrenia Fellowship Waikato Inc unreported, V Campbell, 13 February 2007, AA 31/07 |
| Number of Pages | 19 |
| PDF File Link: | aa 403_07.pdf [pdf 59 KB] |