Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 264/07
Hearing date 6 Aug 2007
Determination date 28 August 2007
Member M Urlich
Representation H Stubbings (in person) ; H McIntyre
Location Auckland
Parties Stubbings v Ministry of Social Development
Summary DISPUTE - Applicant applied for early retirement on medical grounds - Initially told entitled to medical retiring leave and retiring leave - Later told entitled to medical retiring leave only - Applicant sought payment of retiring leave - Respondent submitted applicant received all payments entitled to - Claimed mistaken advice given in good faith and corrected it when discovered error - Plain words of employment agreement provided for retirement leave on either medical or age related grounds - Applicant retired on medical grounds only - Not entitled to additional payment - RAISING PERSONAL GRIEVANCE - At investigation meeting issue of whether personal grievance had been raised in relation to mistaken advice discussed - Applicant's letter concerning entitlement did not make it readily apparent to respondent he wished to raise disadvantage grievance
Result Question answered in favour of respondent ; Orders accordingly ; Costs reserved
Main Category Dispute
Number of Pages 4
PDF File Link: aa 264_07.pdf [pdf 28 KB]