| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 178/07 |
| Hearing date | 15 Nov 2007 |
| Determination date | 21 December 2007 |
| Member | P R Stapp |
| Representation | R Buchanan ; D Broadmore |
| Location | Wellington |
| Parties | Rochford v Victoria University of Wellington |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged respondent breached good faith and failed to consult him when removed his authority to hire casual staff - Operations Manager appointed to improve service delivery - Despite assurances his position would not change, applicant felt responsibilities being removed - Respondent contended Operations Manager merely taking more involved approach than previous manager - Whether grievance raised within 90 days - No doubt applicant raised employment relationship problem, but not same as raising personal grievance - Authority considered applicant raised a personal grievance that unmistakably made it reasonably clear what respondent being asked to address - However, employment relationship problem made more difficult by lack of specificity regarding what events applicant considered lacked consultation - Evidence did not support allegation Operations Manager hired as part of “set up” - Applicant’s role description did not refer to hiring staff - Had assumed role under previous manager but could not anticipate would continue given new approach to operations - Issue relating to budget responsibilities not raised within 90 days, and Authority not satisfied applicant’s role included budget decision making - Annual leave issue not specified for respondent, but process unchanged anyway - Other issues raised by applicant not supported - Changes applicant opposed within respondent’s right to mange - No unjustified disadvantage - Respondent admitted made mistake calling applicant to meeting to which he required lawyer - Respondent offered to pay legal costs incurred because of meeting - Matter remained open for parties to resolve - Mailroom Supervisor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Creedy v Commissioner of Police [2006]1 ERNZ 517;Creedy v Commissioner of Police [2006]1 ERNZ 886 |
| Number of Pages | 14 |
| PDF File Link: | wa 178_07.pdf [pdf 55 KB] |