| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 435/09 |
| Hearing date | 21 Sep 2009 |
| Determination date | 07 December 2009 |
| Member | J Crichton |
| Representation | G Pollak ; P Churchman |
| Location | Auckland |
| Parties | Lloyd v New Zealand Fire Service Commission |
| Summary | BREACH OF CONTRACT - Applicant claimed respondent failed to comply with mediated settlement - Under settlement applicant granted leave without pay at end of which would return to duty, if position available and respondent judged applicant fully fit to return to work - At end of leave applicant applied for number of positions - Applicant claimed respondent obstructed return to duty - Respondent claimed received reports of unusual behaviour by applicant raising concerns about applicant’s fitness - Applicant behaved oddly during phone calls with respondent - Respondent concerned applicant deliberately lighting fires then putting them out - Senior fire officers claimed felt were being stalked by applicant - Applicant agreed to assessment by psychiatrist - Psychiatrist observed odd behaviour from applicant, however, unable to make diagnostic statement because applicant refused to engage - Following discussions respondent dismissed applicant, as judged not fully fit to return to duty - Authority found under settlement respondent to judge whether applicant fully fit - Found respondent to make judgment on reasonable grounds considering all circumstances of case and evidence available - Parties agreed applicant physically fit - Applicant claimed only physical fitness required - Respondent claimed mental and emotional state part assessment - Claimed collaborative nature of job and potentially stressful and dangerous situations required good interpersonal skills - Applicant objected to respondent informing psychiatrist of unusual behaviours – Applicant claimed biased psychiatrist against her - Found respondent would have failed in obligations and duty if psychiatrist not informed of behaviours - Found applicant had opportunity to dispute material given to psychiatrist - Authority satisfied respondent conducted proper inquiries and considered all appropriate evidence before reaching conclusion - Found respondent dealt with applicant appropriately, fairly and in good faith - Found fair and reasonable employer confronted with same facts would not have agreed to applicant returning to duty as firefighter - No breach of mediated settlement - Firefighter |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA 103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415 |
| Number of Pages | 12 |
| PDF File Link: | aa 435_09.pdf [pdf 44 KB] |