| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 182/10 |
| Hearing date | 18 Nov 2009 |
| Determination date | 21 April 2010 |
| Member | K J Anderson |
| Representation | E Hartdegen ; A Drake |
| Location | Auckland |
| Parties | Collier-Wilson v Auckland District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to adhere to harassment policy in policy manual – Also claimed respondent failed to act in good faith – Shortly after promotion to women’s health team, applicant sought return to previous role (“Te Pua”) – Applicant claimed when returned to Te Pua became too stressed to work and had anxiety symptoms seriously impacting on performance – Applicant put off work by doctor – Applicant put gradual return to work proposal to respondent – Respondent’s return to work progress report showed applicant unable to sustain gradual return to work programme – Subsequently, applicant suffered back injury – Applicant claimed distressed by respondents approach to rehabilitation upon second return to work – Applicant subsequently resigned – Authority found clear from overall medical opinions and surrounding circumstances not appropriate for applicant to return to Te Pua despite applicant’s views – Found no deficiency in management of applicant’s second return to work – Found although applicant exposed to some disadvantage during second return to work this was not caused by any unjustified action by the respondent – Found no breach of harassment policy by respondent – Found applicant’s distress caused by own perception of respondent’s behaviour – Found no breach of good faith – Found no failure by respondent to keep applicant safe from hazards in workplace – Application dismissed – RECOVERY OF MONIES – Authority found not enough information available to conclude applicant owed monies claimed – Authority reserved right to return to Authority subject to provision of further information – Found applicant not entitled to recover at higher rate as no longer able to hold supervisory or management role – Applicant’s claim for reimbursement of annual leave declined – Clinical Supervisor |
| Result | Applications dismissed (Unjustified disadvantage)(Recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103(1)(b) |
| Cases Cited | New Zealand Airline Pilots Association Inc. and Anor v JetConnect Ltd and Ors [2009] ERNZ 207 |
| Number of Pages | 17 |
| PDF File Link: | aa 182_10.pdf [pdf 68 KB] |