| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 15/04 |
| Hearing date | 2 Dec 2003 |
| Determination date | 10 February 2004 |
| Member | P Cheyne |
| Representation | J Goldstein ; P Shaw |
| Location | Christchurch |
| Parties | Hickey v Maori Legal Services - Te Ture Manaaki O Rehua Trust |
| Summary | BREACH OF CONTRACT - Employment agreement provided for negotiation of annual performance agreement and performance reviews - Salary adjustments linked to that agreement and review - No performance agreement or review - After independent job scoping exercise respondent made take it or leave it" offer of salary increase - Refused applicant's attempts to discuss matter - Failure to review applicant's performance before salary adjustment offer breach of contract - Breach caused considerable distress to applicant - Respondent to pay $10,000 damages - UNJUSTIFIED DISADVANTAGE - Recovery declined to extent grievance rested on matters relating to breach of contract - Improper to allow double recovery - Difficulties between applicant and chairperson of respondent did not amount to unjustified disadvantage - Board of respondent exercising management role rather than governance role did not amount to unjustified disadvantage - DISCRIMINATION - Involvement of applicant's partner's son in salary matter not discrimination on grounds of marital status - Costs reserved - Manager" |
| Result | Application granted (Breach of contract) ; Application dismissed (Personal grievances) ; Damages for breach of contract ($10,000) ; Costs reserved |
| Statutes | ERA s103(1)(b) |
| Cases Cited | Alton-Lee v Victoria University of Wellington [2000] 2 ERNZ 152;Rankin v Attorney-General [2001] ERNZ 476 |
| Number of Pages | 8 |
| PDF File Link: | ca 15_04.pdf [pdf 53 KB] |