| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 105/07 |
| Hearing date | 3 Jul 2007 - 5 Jul 2007 (3 days) |
| Determination date | 27 July 2007 |
| Member | D Asher |
| Representation | J Unsworth ; A Martin |
| Location | Wanganui |
| Parties | Strichen v The Minstry of Social Development |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged on five occasions then constructively dismissed – Respondent denied allegations and replied some issues not raised within 90 days – Authority sought clarity of initial claim because volume of documentation reflected absence of focused preparation by applicant – Applicant’s first grievance was that not treated fairly nor properly supported in role – Claims not supported by any evidence and lacked sufficient specificity for respondent to have been on notice – Authority found although applicant disappointed by respondent’s decisions, actions legitimate expression of employer’s right to manage – Second grievance related to comments in performance assessment – Authority found genuine attempt by respondent to assess performance – Authority rejected applicant’s claims that negative comments by co-workers affected performance assessment – Respondent able to justify comments of internal difficulties – Evident applicant refused to accept responsibility for issues – Third grievance rejected as no evidence of conspiracy to deny applicant timely entitlement to information – Fourth grievance that performance assessment given to applicant without prior consultation – Authority rejected grievance as standard procedure for respondent to provide draft assessment to employees to invite comment – Applicant’s fifth grievance that respondent’s disciplinary action in response to email sent by applicant breached code of conduct and not consistent or fair – Authority found warning issued fair and reasonable response in circumstances – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed over ten year period “scapegoated”, “bullied” and “abused” – Authority found applicant’s self reported records cannot be described as evidence that respondent acted unjustifiably and therefore caused the deterioration in applicant’s health – Authority found extensive communication from applicant did not make clear that would resign should respondent not provide remedies sought in relation to grievances – Clear from applicant’s evidence that intention to resign because of lack of qualifications, financial and family commitments, not failure of respondent to satisfy grievance concerns – Authority found respondent willing to consider applicant’s concerns evidenced by number of meetings, mediations and proposals advanced to find resolution – Respondent’s ultimate refusal to accommodate applicant’s concerns was genuine view following proper and extensive process that claims had no merit – No constructive dismissal – Given Authority’s finding on grievances unnecessary to address 90 day issue – Social worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s114(2);ERA s148;ERA s157(1) |
| Number of Pages | 15 |
| PDF File Link: | wa 105_07.pdf [pdf 55 KB] |