| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 29A/06 |
| Hearing date | 7 Feb 2006 |
| Determination date | 13 March 2006 |
| Member | D Asher |
| Representation | M Williams ; P Cornege |
| Location | Wellington |
| Parties | Scott v Chief Executive, Department of Corrections |
| Summary | UNJUSTIFIED DISADVANTAGE - RAISING PERSONAL GRIEVANCE - Applicant alleged required to deliver Maori cultural training notwithstanding her advice to respondent she was not trained to do so - Applicant claimed disadvantaged in appraisal process as a result of her being expected to conduct such training - Respondent claimed applicant not required to deliver Maori cultural training, was not assessed on her ability to do so and it had assured her of this on number of occasions - During Authority's investigation applicant said she was disadvantaged by respondent's failure to not always ensure she was accompanied by suitably qualified Maori cultural trainer when delivering training - Applicant found attendees expected her to deliver Maori cultural training as she is Maori - As not trained to do so, applicant found situation invidious - Respondent did not accept new claim raised within 90 day period - No evidence applicant experienced any disadvantage or that performance review was adversely affected - Lengthy history of communication between parties showed applicant had not previously articulated grievance raised during investigation - Given extensive communication, fair and reasonable for respondent to expect applicant had raised all concerns - No unjustified disadvantage - Grievance articulated at investigation not raised within 90 days and leave not sought to raise it out of time - Applicant represented at key occasions and knew how to pursue such matters, difficult to see grounds for exceptional circumstances - Length of service one year three months before raised grievance claim (Resigned after one year eleven months) - Intervention services trainer |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | wa 29a_06.pdf [pdf 35 KB] |