| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 72/04 |
| Hearing date | 10 Dec 2003 - 11 Dec 2003 (2 days) |
| Determination date | 01 March 2004 |
| Member | J Wilson |
| Representation | D France ; C McLorinan |
| Location | Auckland |
| Parties | Hayward v Tairawhiti Polytechnic |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged change in position and duties - Alleged inadequate provision of resources and support - Returned to work after mediated settlement reached following complaint by fellow employee about applicant - Changes to position and duties part of mediated settlement - Provided sufficient resources - Whether other staff too busy or incapable to assist not applicant's decision to make - Stress and resulting sick leave not caused by breach by respondent - UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed due to serious incompatibility with staff and finding applicant had overpaid herself beyond salary cap - Submitted given no opportunity to address incompatibility issue - Argument not accepted as mediated settlement involved issues of incompatibility - Full and fair investigation into allegations - No insight into role played in relationship breakdown - No personal grievance - Senior salaries clerk |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103(1) |
| Cases Cited | Comber v Odyssey House Trust (Inc) [1992] 3 ERNZ 210;Harris v Chief Executive, Department of Corrections [2000] ERNZ 544;Wellington Hotel etc IUOW v Hawthorne [1988] NZILR 352;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |