| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 25/08 |
| Hearing date | 2 Nov 2007 |
| Determination date | 30 January 2008 |
| Member | R Arthur |
| Representation | J Jessop (in person) ; K Spackman |
| Location | Auckland |
| Parties | Jessop v Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged disadvantaged by way bullying complaint about him dealt with - Manager found insufficient evidence to warrant further inquiry but, after interviewing number of staff, decided to provide applicant with feedback on staff perceptions of management style - Applicant disadvantaged by investigation as manager: only spoke to staff suggested by complainant, decided applicant needed to be told to improve management style before he had chance to comment, and informed two employees of conclusions before hearing from applicant - However, respondent’s subsequent actions not unjustified - Once applicant raised concerns manager provided relevant information to applicant and took into account his comments - Respondent also apologised for failures - Respondent’s decision not to change conclusion applicant needed to work on how manner could be perceived by staff not unjustified - Unjustified disadvantage - Remedies - Applicant did not seek monetary remedy, but acknowledgement and apology - Respondent already provided apology and determination meant now in public domain - No further remedies required - Order prohibiting publication or identification of offenders referred to in evidence - Service manager |
| Result | Application granted in part ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s103A |
| Cases Cited | Bilkey v Imagepac Partners unreported, AC 65/02, 7 October 2000;Mason v Health Waikato [1998] 1 ERNZ 84;Mc Cosh v National Bank unreported, EC AC49/04, 13;September 2004;New Zealand Shipwrights Union v G N Hale & Son Ltd [1991] 3 ERNZ 931;NZ Storeworkers IUW v South Pacific Tyres (NZ) Ltd [1990] 3 NZILR 452 |
| Number of Pages | 12 |
| PDF File Link: | aa 25_08.pdf [pdf 48 KB] |