| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 138/05 |
| Hearing date | 1 Aug 2005 |
| Determination date | 21 October 2005 |
| Member | P Cheyne |
| Representation | employee (in person) ; C French |
| Location | Christchurch |
| Parties | An employee v An employer |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged Deputy Principal misled applicant's referee prior to applicant's appointment about why predecessor no longer with school - Personal grievance definition directed to grievances arising out of employment activity or on the job" situation - If Deputy Principal had made misleading comments difficult to see how that could have affected applicant at time of employment activity - Deputy Principal could not be said to have misled applicant herself and most probably it was simply case of confusion or mistake - Applicant alleged respondent did not alert her to requirement to perform certain duties as being Head of Department before she accepted position - Respondent took reasonable steps to discharge responsibilities for communication about job requirements - No grievance raised about issues until well after 90 day period - Applicant also raised personal grievance about respondent's decision to investigate her teaching competence - Education Review Office Member reported to Principal at end of term one her observation that learning of students in applicant's class was being compromised - Principal did not tell applicant about complaint until first day of term two - Collective agreement required employee to be advised of complaint "as early as possible" but sensible interpretation had to allow for Principal to seek advice and consider how to handle complaint - Further difficulty in that procedure in collective agreement not triggered until matters of competence which were causing concern existed and there could be no proven matters until applicant was observed teaching by respondent - Decision that applicant had met professional standards required did not cause her any disadvantage - Second statement of problem raised significant new allegations that (now deceased) Principal was serial bully - No bullying grievance raised within 90 days of alleged examples of bullying - Material provided did not support bullying allegation - No sustainable grievance - Publication of names or any identifying details of parties prohibited - Secondary school teacher" |
| Result | Application dismissed; Orders accordingly ; Costs reserved |
| Statutes | ERA s103(1)(b);ERA Second Schedule cl10 |
| Cases Cited | Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 ; [1992] 3 NZLR 658 |
| Number of Pages | 9 |
| PDF File Link: | ca 138_05.pdf [pdf 58 KB] |