| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 159/07 |
| Hearing date | 23 Oct 2007 - 24 Oct 2007 (2 days) |
| Determination date | 30 November 2007 |
| Member | P R Stapp |
| Representation | B Johnstone (in person) ; S Hornsby-Geluk |
| Location | Wellington |
| Parties | Johnstone v The Chief Executive in respect of the Inland Revenue Department |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed number of disadvantages arising from secondment - Respondent submitted claims raised outside 90 day time limit or filed outside three year time limit - In respect of first complaint, applicant agreed to internal investigation and no personal grievance raised - Applicant advised would be on leave during investigation but respondent considered she should return to work if well - Sought independent doctor’s opinion who concluded able to return part time - Applicant remained absent on unauthorised leave and challenged decision but fell short of raising grievance - Applicant had problems with report from internal investigation - Concerns about comment by manager not raised or filed in time - Not disadvantaged by secondment ending early - Breach of privacy allegation filed out of time - Other complaints made by applicant not pursued as grievances - Also complained about allegedly defamatory comments made by other employees during internal investigation - Respondent could not be held responsible for employees’ personal views - Also alleged failure to provide safe workplace because investigation concluded disciplinary action against co-workers not justified - Absence of medical evidence from applicant to substantiate claim - Applicant granted leave and respondent took all practicable steps to protect her in investigating complaint and acting on recommendations - Comments from co-workers may have been unwise but did not meet threshold to establish harm, causation or failure to act by respondent - No grievances raised or filed in time - All issues subject of applicant’s grievances dealt with by respondent - Not appropriate to exercise discretion to extend time - Claims dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(6);ERA s221;Tax Administration Act 1994 s81 |
| Number of Pages | 14 |
| PDF File Link: | wa 159_07.pdf [pdf 56 KB] |