| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 47/09 |
| Hearing date | 18 Feb 2009 |
| Determination date | 15 April 2009 |
| Member | J Crichton |
| Representation | K Coulston ; D Traylor |
| Location | Christchurch |
| Parties | Hutchen v Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed constructively dismissed following breach of good faith - Applicant performed full-time shift work - Applicant sought job share arrangements – Applicant submitted job share proposal identifying co-worker (“T”) as job share partner – Applicant discussed proposal with Unit Manager (“C”) – C advised applicant proposal unsuitable because T not ideal candidate – Employment relations with T confidential – Applicant advised respondent of resignation if job share arrangements not made – C discussed proposal with Prison Manager, senior colleagues and attempted to find suitable partner – C advised applicant proposal declined – Applicant resigned – Respondent subsequently received email from Regional Manager encouraging respondent to support job share arrangements – Authority found no evidence of breach of good faith therefore no unjustified constructive dismissal or disadvantage – Found C gave proper and fair consideration to proposal and clear from outset proposal problematic because of T – Found C not required to disclose why T not suitable under confidentiality – Found respondent had discretion to consider job share proposals according to own requirements – Found subsequent email did not change position because applicant’s proposal not problematic on basis of existing roster, but with T – Authority emphasised respondent’s high regard for applicant’s performance and intention to retain applicant as employee – Found proper exercise of discretion therefore no disadvantage – Dismissal justified – Disadvantage justified – Corrections Officer |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 8 |
| PDF File Link: | ca 47_09.pdf [pdf 30 KB] |