| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 153/10 |
| Hearing date | 12 Apr 2010 - 13 Apr 2010 (2 days) |
| Determination date | 29 July 2010 |
| Member | J Crichton |
| Representation | J Beck ; J Farrow |
| Location | Dunedin |
| Parties | Horn v Well Dunedin/Dunedin Primary Health Organisation |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unfairly treated throughout employment relationship by respondent causing resignation – Respondent argued applicant entirely responsible for employment relationship problem therefore no constructive dismissal – Applicant claimed respondent unfairly allowed employee (“X”) to operate private practice when applicant prohibited from doing same – Applicant requested day off to run private practice – Respondent declined request as would be inconvenient to business and confuse patients about who appropriate healthcare provider was - Employment relationship deteriorated – Claimed forced to resign because respondent mismanaged interpersonal relationship between applicant and X – Claimed respondent failed to respond effectively to applicant’s work related stress – Personal grievance raised – Authority found applicant architect of own misfortunes – Found applicant erroneously assumed X given privileges when X treated differently due to appropriate qualifications and experience – Found belief X allowed to operate private practice erroneous as X required to cease operations once employment with respondent commenced – Found respondent’s decision to decline applicant’s request entirely reasonable and fair therefore no disparate treatment – Found applicant only notified respondent suffering from work related stress at eleventh hour therefore resignation not reasonably foreseeable – Found once notified, respondent took appropriate steps by removing applicant from duties – Found respondent did not engage in course of conduct or breached duties sufficiently serious to cause resignation – Found respondent lawfully deducted wages as applicant resigned within two years of employment pursuant to employment agreement - No constructive dismissal – No disadvantage – Clinical Services Coordinator |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 153_10.pdf [pdf 31 KB] |