| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 9/05 |
| Hearing date | 2 Dec 2004 |
| Determination date | 21 January 2005 |
| Member | G J Wood |
| Representation | G Ogilvie ; G Davenport |
| Location | Wellington |
| Parties | Hill v Wellington Institute of Technology |
| Summary | PERSONAL GRIEVANCE - Applicant employed on casual basis - Not unfairly treated by programme director - Suffered from stress - Respondent provided counselling - Disciplinary proceedings - Complaints against applicant raised - Respondent entitled to conduct meeting though applicant's representative not there since a lot of time had already passed, and representative had been unavailable for offered dates - Though respondent did not actively seek to collect certain information applicant had at meeting this not unfair - Respondent had in its possession the core of applicant's submissions in response to complaints - Formal written warning - Disciplinary process fair - Employment terminated when tutorial assistant function contracted out - Respondent justified in following up concern of another worker on health and safety grounds, seeking that applicant not contact that worker - No jurisdiction over issue of defamation but not accepted that email in question disadvantaged applicant - ARREARS OF WAGES - Classes had mistakenly been rostered on two statutory holidays - When mistake evident, rosters amended and no classes held - Applicant not to benefit from respondent's mistakes - Sought payment for 91 hours in which had done preparatory work for promotion work, and working on a proposal that would have led to him having more permanent employment - Not accurate account of hours worked - A fair and reasonable employer would have paid for 10 hours work for preparatory work completed - $150 due and owing - Tutorial assistant |
| Result | Application dismissed (Personal grievance) ; Application granted (Arrears of wages) ($150) |
| Cases Cited | Peterson v Board of Trustees of Buller High School [2002] 1 ERNZ 139 |
| Number of Pages | 12 |
| PDF File Link: | wa 9_05.pdf [pdf 1.4 MB] |