| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 152 |
| Hearing date | 9-Mar-17 |
| Determination date | 24 May 2017 |
| Member | J Crichton |
| Representation | AM Colarik (in person) ; H Kynaston, E McLean |
| Location | Auckland |
| Parties | Colarik v The Vice Chancellor of Massey University |
| Summary | BARGAINING - Applicant claimed subject to unfair bargaining - Whether genuine reason for two fixed term employment agreements - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent engaging in adverse conduct for prohibited health and safety reason, by respondent requiring applicant to remove personal achievements from personal development plan, by respondent paying him less than other staff and by respondent breaching privacy when it accidently released applicant’s salary details |
| Abstract | AUTHORITY FOUND -;BARGAINING: Respondent needed to determine ongoing needs for position and had genuine reason for first fixed term. Loss of permanent leadership role formed genuine reason for second fixed term. Second fixed term not means of testing applicant’s suitability for role. Observation that often staff initially recruited on fixed term but end up getting permanent employment not promise of permanent employment. No good faith obligation for respondent to volunteer percentage of temporary staff to permanent staff, onus on applicant to ask. No unfair bargaining.;UNJUSTIFIED DISADVANTAGE: No evidence at all relating to health and safety in workplace. Appropriate for superior to suggest applicant change document to reflect respondent’s requirements for personal development plan. Applicant’s pay rate determined by market forces and since increased. Authority does not administer Privacy Act but elements of breach of privacy constitute elements of personal grievance. Applicant unjustifiably disadvantaged by respondent releasing his salary details. REMEDIES: $5,000 compensation appropriate. |
| Result | Application dismissed (bargaining) ; Application granted (unjustified disadvantage) ; Compensation ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 ; ERA s68(3) ; ERA s103(1)(j) ; ERA 110A(1)(b) ; ERA s124 ; Health and Safety at Work Act 2015 s92 ; Privacy Act 1993 |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_152.pdf [pdf 211 KB] |