| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139/07 |
| Hearing date | 8 Aug 2007 |
| Determination date | 15 October 2007 |
| Member | P R Stapp |
| Representation | A Dalton (in person) ; R Foitzik |
| Location | Wellington |
| Parties | Dalton v Awhina Wahine Inc |
| Summary | UNJUSTIFED DISADVANTAGE – Applicant alleged disadvantaged when contract not properly renewed and performance reviewed – Applicant initially employed for six months on fixed term – Employment agreement contained end date but not way agreement would end or reasons for fixed term – During employment parties discussed renewing contract on better terms – Applicant prepared and signed draft agreement and sent to respondent – Respondent considered document contained changes not agreed to – Original term ended, some changes relating to increased hours and pay implemented, but no new agreement reached – During further discussions applicant alleged respondent revoked agreement she believed had been reached –Applicant also disagreed with performance assessment - Raised personal grievance and respondent subsequently gave her notice employment would end in accordance with second fixed term – Authority not satisfied parties agreed to payment of bonus – Applicant’s claim increased pay and hours revoked by respondent rejected – New terms continued during negotiations for new agreement – Difference between parties regarding changes to employment agreement more than likely due to genuine misunderstanding – Although performance review delayed, not unjustified and no apparent disadvantage to applicant – Although dispute over end of employment, applicant never raised grievance regarding dismissal and no causal nexus to apply s122 Employment Relations Act 2000 – Parties had common belief employment ended according to purported fixed term – No unjustified disadvantage - Office support |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s66(4);ERA s66(5);ERA s66(6);ERA s122 |
| Number of Pages | 8 |
| PDF File Link: | wa 139_07.pdf [pdf 37 KB] |