| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 104/10 |
| Hearing date | 12 Feb 2010 |
| Determination date | 30 April 2010 |
| Member | J Crichton |
| Representation | A Sharma ; G Malone |
| Location | Nelson |
| Parties | Harris v Talley's Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Applicant hospitalised following event of atrial fibrillation while working – Applicant received medical advice unable to return to work on fishing vessel – Applicant failed to provide respondent medical clearance from approved medical practitioner – Respondent argued failure to provide medical clearance frustrated employment agreement and led to termination of employment – Respondent claimed applicant declined offer of land-based position – Authority found respondent unable to continue employment in seafaring capacity because no medical clearance – Found respondent acted as fair and reasonable employer in offering applicant land-based duties – Found employment agreement frustrated – Dismissal justified – UNJUSTIFIED DISADVANTAGE – Applicant claimed bullied and intimidated by cook and had difficulties because cook would not facilitate ability to perform shipboard duties as medic – Applicant claimed worked additional hours and under additional stress as result – Applicant argued complained to skipper but told to put up with situation – Respondent denied bullying allegations raised with land-based management during employment – Human Resources Manager claimed applicant denied bullying allegations when pressed but asked skipper anyway who denied seeing any evidence of bullying – Found applicant failed to raise bullying allegations with respondent – No disadvantage |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | A Farmer v A Worker [2009] ERNZ 7 |
| Number of Pages | 8 |
| PDF File Link: | ca 104_10.pdf [pdf 31 KB] |