| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 20 |
| Determination date | 24 February 2014 |
| Member | M Ryan |
| Representation | C McNamara ; F Lear |
| Parties | The New Zealand Public Service Association v The Commissioner of Inland Revenue |
| Summary | DISPUTE – Parties disputed interpretation and application of agreed formal review process for employees not agreeing with outcome of annual remuneration review – Whether link between performance and remuneration only one of number of factors review panel able to consider in remuneration review – Whether employees entitled to formal remuneration review taking into account any information employees wished review panel to consider |
| Abstract | AUTHORITY FOUND –;DISPUTE: Nothing in relevant clause in collective employment agreement constraining formal review to employee’s performance but parties intended HR guidelines to govern operation of review process. Inconsistency between sections of HR guidelines. ‘Purpose of review meeting’ section clearly limited topics on which review panel able to make recommendation to performance outcome. Formal review process clearly aimed at assessing employee’s performance outcome. Review of remuneration outcome available to employees only in context of review of performance outcome. Respondent not contractually obliged to ensure review panel considered information not relating in some way to annual performance rating. Questions answered in favour of respondent. |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Electrical Union 2001 Inc v Mighty River Power Ltd [2013] NZEmpC 197;New Zealand Professional Firefighters Union v The New Zealand Fire Service Commission [2011] NZEmpC 149;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444;White v Reserve Bank of New Zealand [2012] ERNZ 18 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Wellington_20.pdf [pdf 286 KB] |