| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 22/07 |
| Hearing date | 30 Jan 2007 |
| Determination date | 08 February 2007 |
| Member | D Asher |
| Representation | G Irwin ; T Wilton |
| Location | Wellington |
| Parties | Mabbott v NZ Amalgamated Engineering Printing & Manufacturing Union |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged respondent breached employment agreement, particularly requirement to offer re-employment within 12 months of redundancy - Claimed respondent filled two vacancies after termination without clarifying her suitability - Respondent accepted owed ongoing contractual obligations to applicant - Applicant not employee in terms of s4(1A)(c) Employment Relations Act 2000 - Respondent not obliged to provide access to information - Vacancy to be offered if applicant had appropriate skills and experience" - Respondent claimed considered applicant's suitability and concluded lacked appropriate skills - Did not think training could remedy situation - Decision based on working with applicant, and performance allegations put to applicant shortly before redundancy - Applicant did not accept allegations - Having fairly raised performance concerns, and in absence of ill will against applicant, respondent could justify decision not to offer vacancies as it had satisfied itself she lacked "appropriate skills" - Authority did not accept natural justice required interview opportunity to address concerns - While applicant disadvantaged, not unjustified - No personal grievance - Data processor" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s4(1A)(c);ERA s103(1)(b) |
| Cases Cited | Smith v Sovereign Ltd (owned and operated by the ASB Bank) [2005] 1 ERNZ 832 |
| Number of Pages | 6 |
| PDF File Link: | wa 22_07.pdf [pdf 25 KB] |