| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 99 |
| Hearing date | 6/07/2016 |
| Determination date | 15 August 2016 |
| Member | Michele Ryan |
| Representation | G O'Sullivan; G Davenport |
| Location | Wellington |
| Parties | Neu v The Vice Chancellor of Victoria University of Wellington |
| Summary | RAISING PERSONAL GRIEVANCE – Whether employer consented to late raising of grievance – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent taking expired warning into account when issuing final written warning – Lecturer |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Order for non-publication of details of staff and students of respondent. Respondent failed to object to late raising of grievance on receiving notice of grievance. Respondent attended mediation without raising matter. Employer impliedly consented to late raising of grievance.;UNJUSTIFIED DISADVANTAGE: Employment agreement required warning to be taken away once expired, so that it could no longer be taken into account in disciplinary proceedings. Respondent not entitled to take into account any matters including in warning. Expired warning affected decision to give applicant final written warning. Applicant unjustifiably disadvantaged. REMEDIES: No contributory conduct. $2,000 compensation appropriate. |
| Result | Applications granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s114(1);ERA Second Schedule cl10 |
| Cases Cited | Air New Zealand Ltd v New Zealand Airline Pilots Association Inc [2016] NZCA 131, [2016] 2 NZLR 829;Butcher v OCS Ltd [2008] ERNZ 367 (EmpC);Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381;Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand [2014] NZSC 147, [2015] 1 NZLR 432;Hawkins v Commissioner of Police [2007] ERNZ 762 (EmpC);Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444;Vulcan Steel Ltd v Wonnocott [2013] NZCA 398 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_99.pdf [pdf 349 KB] |