| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78/07 |
| Hearing date | 16 Mar 2007 |
| Determination date | 12 July 2007 |
| Member | P Cheyne |
| Representation | J Goldstein ; D Patten |
| Location | Christchurch |
| Parties | Thomson v Dispute Resolution Services Ltd |
| Summary | BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE – Applicant claimed disadvantaged when respondent unfairly changed performance review process - Respondent introduced new method of assessing performance - Instead of applicant selecting colleagues for respondent to survey on her performance, colleagues selected randomly by respondent – Randomly selected colleagues made some comments critical of applicant – Applicant made it clear objected to use of anonymous surveys – Respondent suggested use of former assessment method but applicant also objected on basis information already known to manager – Applicant subsequently advised of overall performance rating and new pay rate – Employment agreement required parties to agree on way performance would be measured and standards to be met before end of financial year - Requirements not met and employment agreement breached - Unlikely critical comments would have been included if applicant chose colleagues - Applicant upset by comments and believed criticisms resulted in lower than merited assessment - Harm would have been avoided in respondent had complied with contractual obligations - Performance review process linked to remuneration - Applicant probably would have received higher overall performance rating but for breach of employment agreement - Unjustified disadvantage - Remedies - Authority not in position to assess actual pecuniary loss arising from breach - Respondent to revisit decision on applicant's salary - Not necessary to consider claim for unspecified damages |
| Result | Application granted ; Orders accordingly ; Reimbursement of lost wages/damages (Quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Alton-Lee v Victoria University of Wellington [2000] 2 ERNZ 152;Auckland Hotel, Hospital, Restaurant IUOW v Air NZ Ltd [1986] ACJ 218 |
| Number of Pages | 10 |
| PDF File Link: | ca 78_07.pdf [pdf 37 KB] |