| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 66/08 |
| Hearing date | 19 Feb 2008 |
| Determination date | 14 May 2008 |
| Member | J Crichton |
| Representation | J Goldstein ; G Davenport |
| Location | Christchurch |
| Parties | Thomson v Dispute Resolution Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged disadvantaged by breach of terms of employment agreement relating to performance assessment - Parties previously before Authority on same issue - Employment agreement set out way performance to be measured and required parties to endeavour to arrange a meeting each year - Parties unable to arrange meeting - Manager subsequently sent applicant his assessment of her - Respondent considered it a preliminary assessment - However, applicant viewed it as final review and submitted breached term requiring discussion before decision made - Applicant invoked appeal provision, which provided for matter to be referred to CEO - Applicant indicated did not think appropriate for CEO to act on appeal as he had signed disputed review - Meeting not required to take place before preliminary view formed - Process different than for other staff, but due to inability to arrange meeting – Contention document final not supported by its language or structure - Clear input from applicant required - Applicant had obligation to engage in assessment process - Failure a breach of good faith by her - Respondent submitted applicant did not properly invoke appeal clause as requested issue be addressed other than under process set out in agreement - Applicant unable to pick and choose parts of appeal clause to be complied with - CEO did nothing wrong when signed assessment - Appeal clause not properly invoked by applicant - No personal grievance - Continuing employment relationship - Applicant to engage with respondent on substantive issues - Reviewer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)9b) |
| Number of Pages | 9 |
| PDF File Link: | ca 66_08.pdf [pdf 31 KB] |