| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 158/07 |
| Hearing date | 16 Oct 2007 - 17 Oct 2007 (2 days) |
| Determination date | 30 November 2007 |
| Member | P R Stapp |
| Representation | B Johnstone (in person) ; S Hornsby-Geluk |
| Location | New Plymouth |
| Parties | Johnstone v The Chief Executive in respect of the Inland Revenue Department |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Applicant requested formal review of remuneration - Review recommended performance assessment, which involved supervision of client sessions - Interim performance reviews critical of applicant - Applicant raised personal grievance alleging respondent failed to meet obligations to resolve remuneration complaint - Complained supervision humiliating and placing her under unreasonable pressure - Applicant taped client sessions to show supervisor’s behaviour - Respondent concerned about client confidentiality and issued written warning - Although applicant complained about warning no personal grievance raised in time - Further supervised sessions occurred and respondent remained critical of performance - Applicant complained further of impact on health but turned down medical retirement - Final performance rating less than fully competent - Applicant given other work - Failed to follow instructions in relation to new duties - Applicant refused to attend disciplinary meeting - Respondent tentatively concluded dismissal warranted and applicant invited to respond - Applicant left work and advised considered herself constructively dismissed - On same day, respondent dismissed her - Applicant alleged put under undue pressure and breach of health and safety - In each instance, open to fair and reasonable employer to engage with applicant over performance - Acted prudently once health concerns raised but applicant’s health claim not sufficiently substantiated - No breach of obligations - Respondent did not fail to resolve remuneration complaint and took all practicable steps to complete performance management process in accordance with recommendations of review - Applicant not disadvantaged by any unjustified actions by respondent - Allegations raised by applicant not sufficient to make it foreseeable she would resign - Although subject to five investigation each matter taken up separately - Applicant resigned - No dismissal - Maori Community Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Tax Administration Act 1994 s81 |
| Number of Pages | 19 |
| PDF File Link: | wa 158_07.pdf [pdf 69 KB] |