Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 157/07
Determination date 19 December 2007
Member J Crichton
Representation MJ Thomas ; B Dorking
Location Christchurch
Parties Ka'ai v Vice Chancellor, University of Otago
Summary PRACTICE AND PROCEDURE - JURISDICTION - Interim determination - Applicant alleged unjustified disadvantage and unjustified dismissal - Matter set down for investigation meeting - Applicant proposed Authority hear evidence of post-termination-of-employment conduct of respondent at investigation meeting – Sought to introduce evidence that respondent acted in bad faith - Not relevant to grievance per se but to show respondent breached good faith obligations – Alleged deprived of opportunity to be heard in respect of bullying allegations made against her as consequence of actions respondent took - Alleged representative of respondent spoke disrespectfully at a meeting thus potentially damaging reputation - Employer's action must be judged at time taken, not subsequently - Not persuaded conduct relevant to complaint – Relevant or not Authority had no jurisdiction to consider such material - Damage to reputation not a matter for employment institutions – Post-termination conduct of respondent not to be considered in substantive hearing
Result Orders accordingly ; No order for costs
Main Category Jurisdiction
Number of Pages 4
PDF File Link: ca 157_07.pdf [pdf 20 KB]