| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 50 |
| Hearing date | 15 Oct 2016 - 18 Oct 2016 and 6 Dec 2016 (5 days) |
| Determination date | 23 February 2017 |
| Member | E Robinson |
| Representation | B Buckett, E Walters (in person) ; S Hornsby-Geluk |
| Location | Auckland |
| Parties | Walters v Aviation Security Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by transfer to different role – BREACH OF CONTRACT – Applicant claimed respondent breached collective employment agreement - Aviation security officer |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE: Applicant aware that failure to maintain required standards would result in transfer back to original position. Respondent tried to institute performance management process. Respondent identified deficiencies in applicant’s performance and made applicant aware of them. Relevant performance standards reasonable. Respondent followed fair process and acted in good faith. No unjustified disadvantage.BREACH OF CONTRACT: Respondent followed requirements of employment agreement. No breach of contract. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b) |
| Cases Cited | Chief Executive, Department of Corrections v Harris [2001] ERNZ 426 (EmpC) ; Ramkutty v Vice-Chancellor of the University of Auckland EmpC Auckland AC53B/01, 25 October 2001 |
| Number of Pages | 27 |
| PDF File Link: | 2017_NZERA_Auckland_50.pdf [pdf 348 KB] |