| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 163/07 |
| Hearing date | 8 Mar 2007 |
| Determination date | 30 May 2007 |
| Member | M Urlich |
| Representation | G French (in person) ; N Lucie-Smith |
| Location | Auckland |
| Parties | French v The Chief of Defence Force |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant alleged unjustifiably disadvantaged by manner respondent handled complaint about his behaviour – Preliminary enquiries occurred before applicant advised of complaint or formal complaint lodged – Enquiries reasonable, although conclusions could have been put more delicately to applicant - Applicant resigned for reasons unrelated to complaint – Complainant advised, given resignation, would not proceed with complaint and manager communicated this to applicant – However, complainant later changed mind and lodged complaint - Formal investigation begun – Applicant claimed retraction and reinstitution of complaint enhanced anxiety and concerned about investigation process - No evidence manager received advice complaint withdrawn in anything but good faith and passed information to applicant in same spirit - No evidence actions unjustified - No grounds for unjustified action arose from colleague's involvement in complaint process - Nothing respondent could do about timeliness of written complaint - Investigation concluded after employment relationship ended - Criticised behaviour of both complainant and applicant – Applicant's employment not disadvantaged as employment did not exist at time of alleged disadvantage relating to findings of investigation - No unjustified disadvantage - HR adviser |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Defence Force Order 4;ERA s103;ERA s103(1)(b);ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | aa 163_07.pdf [pdf 47 KB] |