| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 96/09 |
| Hearing date | 15 Apr 2009 |
| Determination date | 03 July 2009 |
| Member | P Montgomery |
| Representation | J Goldstein ; V Parkins |
| Location | Christchurch |
| Parties | Smith v Accident Compensation Corporation |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to promptly respond to applicant’s job application breached employment agreement (“EA”) – Respondent argued correct procedures followed – EA provided respondent required to respond to applicants when dealing with short listed applicants - Applicant applied for internal position and advised by respondent’s recruitment consultant (“H”) dates for interviews – H subsequently cancelled interviews however assured applicant would be contacted later to reschedule – H failed to contact applicant and later notified applicant was unsuccessful – Authority found H’s assurance created legitimate expectation applicant would be contacted - Found failure to carry out assurance breached EA – Found applicant entitled to brief external counsel – Disadvantage unjustified – REMEDIES – No contributory conduct – Found $2,500 compensation for humiliation appropriate – Authority declined award for damages – COSTS – Authority found contribution to costs of $2,000 appropriate – ACC Case Manager |
| Result | Application granted ; Compensation for humiliation etc ($2,500) ; Costs awarded in favour of applicant ($2,000) |
| Main Category | Personal Grievance |
| Cases Cited | PBO v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | ca 96_09.pdf [pdf 29 KB] |