| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 117/03 |
| Hearing date | 30 Sep 2003 |
| Determination date | 28 October 2003 |
| Member | P Cheyne |
| Representation | D Beck ; R Davidson |
| Location | Christchurch |
| Parties | Peterson v The Ministry of Education |
| Summary | BREACH OF CONTRACT - Whether staffing surplus provisions of collective agreement applied to applicant - Offered and accepted extra management duties for fixed term - Received higher duties allowance - Break for parental leave - Recommenced management role - Fixed term expired - Duties performed as before - Interpretation and application of collective agreement - Surrounding circumstances relevant - Clear from communication between parties throughout process that management role not permanent - Flexibility of employment arrangement - Respondent not obliged to treat applicant's employment as surplus to its needs when management role ended - No higher duties allowance payable after role ceased - RAISING OF PERSONAL GRIEVANCE - Unjustified disadvantage - Grievance submitted out of time - No exceptional circumstances - Complaint derived solely from application of collective agreement could not have constituted unjustified disadvantage - Psychologist |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s19(2);ERA s66;ERA s103(3);ERA s243 |
| Cases Cited | Selu v Spotless Services (NZ) Ltd [1998] 3 ERNZ 57 |
| Number of Pages | 8 |
| PDF File Link: | ca 117_03.pdf [pdf 53 KB] |