| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 60 |
| Hearing date | 8 Dec 2010 - 9 Dec 2010 (2 days) |
| Determination date | 05 April 2012 |
| Member | H Doyle |
| Representation | P Cranney ; B Dorking |
| Location | Dunedin |
| Parties | Dr Millichamp v Vice-Chancellor University of Otago |
| Summary | GOOD FAITH – Applicant claimed respondent’s employee confirmation process breached respondent’s good faith obligations - Authority noted delay in issuing determination due to Christchurch earthquake – Applicant’s employment subject to confirmation process based on applicant’s progress and whether applicant had met parties’ agreed objectives – Respondent deferred confirmation of applicant’s employment multiple times over nine year period because applicant had not met research objectives - Applicant’s progress assessed by respondent advisory committee (“SAC”) - SAC acknowledged applicant required to deal with extraordinary circumstances during employment – Applicant required to complete goals before confirmation approved including publication of four research papers – Applicant’s fourth paper not published within agreed timeframe – Respondent head of department (“A”) recommended applicant be further granted extension to complete goals – A’s recommendation supported by respondent pro-vice chancellor (“R”) - SAC decided as applicant’s fourth paper not published within extensions applicant’s employment would not be reconfirmed – Respondent gave applicant option of alternative position or one year fixed term employment in same position - Respondent advised applicant if did not accept either option employment would be terminated – Authority found SAC breached respondent’s usual process that R discuss SAC decision at next SAC meeting - Applicant appealed respondent’s decision – Applicant claimed heavy teaching workload, lack of research support and departmental difficulties prevented applicant from meeting research obligations – Applicant’s former head of department (“B”) convicted of murder and imprisoned and B previously mentoring applicant’s research – B’s conviction had significant impact on staff morale – Applicant’s performance in other areas high – SAC declined applicant’s request to appear in person before SAC - Respondent requested applicant provide more information about appeal and advised applicant’s colleagues would be contacted about applicant’s research projects – SAC concluded not confident if applicant appointed to ten year position applicant would meet research obligations – Appeal declined – SAC’s decision reviewed by review committee (“RC”) – Respondent declined applicant’s request to provide further information about research to RC as claimed RC only reviewing SAC decision – RC recommended SAC decision upheld – Applicant accepted new position on without prejudice basis – Applicant claimed new position had less benefits than previous position – Found respondent’s decision had adverse effect on continuation of applicant’s employment – Found therefore respondent failed to meet good faith obligation to provide applicant with relevant information and opportunity to comment before respondent made decision not to reconfirm applicant – Found respondent not required to allow applicant to appear before SAC in person – Found applicant should have had opportunity to respond to comments made about applicant’s performance at SAC meeting – Found SAC process did not comply with good faith and natural justice requirements – Found applicant unaware of new information provided to RC and not given opportunity to comment - Found applicant did not have right to be heard in person by RC – Found respondent breached good faith obligations owed to applicant – Parties to discuss appropriate remedies – Leave reserved for parties to return to Authority if necessary - Lecturer |
| Result | Application granted ; Leave reserved to determine quantum of remedies ; Costs reserved |
| Main Category | Good Faith |
| Statutes | ERA s4(1A);ERA s4(1A)(b);ERA s4(1A)(c) |
| Number of Pages | 22 |
| PDF File Link: | 2012_NZERA_Christchurch_60.pdf [pdf 104 KB] |