| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 343/05 |
| Hearing date | 1 Sep 2005 |
| Determination date | 07 September 2005 |
| Member | M Urlich |
| Representation | D Organ ; P Muir |
| Location | Auckland |
| Parties | Robertson and Ors v Carter Holt Harvey |
| Other Parties | McCallum, Hagan |
| Summary | RAISING PERSONAL GRIEVANCE - Applicants made redundant - Advised by respondent six months later that would not be entitled to bonus payments under Management Incentive Plan (MIP") - Sought to raise personal grievances - Applicants alleged failure to pay bonus was unjustified disadvantage and indicated improper motive for redundancies which constituted unjustified dismissal - Respondent alleged grievances not raised within 90 days - No link other than speculative between outcome of MIP assessment and redundancies - Time to raise personal grievance in respect of dismissal ran from date of dismissal - Personal grievances out of time - MIP scheme not condition of employment but fair exercise of respondent's discretion under MIP was condition of employment - However any disadvantage did not arise "on the job" but after employment ended - Unlikely applicants could claim any other remedy in Authority following BDM Grange Ltd v Parker (cited below)" |
| Result | Applications dismissed ; Costs reserved |
| Statutes | ERA s114(1);ERA s114(4) |
| Cases Cited | BDM Grange Ltd v Parker [2005] 1 ERNZ 343;Dorset v Chemcolour Industries (NZ) Ltd unreported, A Dumbleton, 8 April 2004, AA 117/04;Warburton v Mastertrade Ltd [1999] 1 ERNZ 636;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 ; [1992] 3 NZLR 658 |
| Number of Pages | 3 |
| PDF File Link: | aa 343_05.pdf [pdf 19 KB] |