| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 293/04 |
| Hearing date | 12 May 2004 |
| Determination date | 14 September 2004 |
| Member | D King |
| Representation | S Lance ; C Meechan |
| Location | Auckland |
| Parties | Sherwin v Fletcher Challenge Forests Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged duties unilaterally removed when new manager appointed - Other concerns including allegedly unfair performance assessments, forced into bonding arrangement for study, appointment of new manager unfair and that respondent failed to act on complaints of stress and bullying - Alleged salary reduced when applicant's study funding ceased - Applicant acceded to bonding arrangement regarding study - No overall change in performance reviews - Respondent free to appoint new staff within the law - No agreement that equivalent of study fees would be added to salary after study finished - Additional layer to hierarchy not demotion - Applicant raised concerns about new manager and tasks which overlapped with new manager's tasks - Respondent did not take proper steps to deal with applicant's concerns - Lack of clear description of tasks - Part of duty of trust and confidence that employee be clear about work task expectations - Respondent failed to provide applicant with clarity and certainty - Overlap between applicant and new manager's tasks - Applicant's job changed without consultation - Denied opportunity to clarify concerns - Work satisfaction diminished - Alleged had to wear joke beanie hat with propeller on it - Behaviour infantile but not workplace bullying - Not satisfied applicant's ill heath linked to change in job - Unjustified disadvantage |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA s65 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |