Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 17/08
Hearing date 3 Dec 2007
Determination date 22 January 2008
Member D King
Representation M Clark ; J Holden
Location Auckland
Parties Hawea v Attorney-General in respect of the Chief Executive Officer of The Department of Child, Youth & Family Services
Summary UNJUSTIFIED DISADVANTAGE - Grievance related to meeting and applicant’s return to work following period of unpaid leave - Applicant called to meeting to discuss performance issues - Alleged given insufficient notice but no objection raised at time - Applicant declined opportunity to obtain representation - Meeting led to applicant being put on performance contract - Applicant argued respondent breached supervision policy as no documents regarding performance produced and meeting unfair as not previously told of any performance deficits - However, evidence established issues previously drawn to her attention - Meeting did not constitute disadvantage - Applicant had left work and remained on stress leave until previously arranged leave without pay began - While on leave approached respondent about returning early - Parties agreed applicant would return on performance plan because of previous issues and changes during absence - Applicant later retracted agreement to performance plan - Performance plan not implemented - No disadvantage - Social worker
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes State Sector Act s56
Number of Pages 9
PDF File Link: aa 17_08.pdf [pdf 32 KB]