| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 73A/08 |
| Hearing date | 12 Jun 2008 |
| Determination date | 19 June 2008 |
| Member | J Crichton |
| Representation | P Bradford (in person) ; P Wilson |
| Location | Greymouth |
| Parties | Bradford v Tai Poutini Polytechnic |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed reasonable expectation of continuity of employment due to series of fixed term engagements - 16 fixed term engagements as tutor of two courses - Programme restructured with permanent part time position - Applicant offered opportunity to apply - Applicant applied but would not teach theory or assess work as involved contact with supervisor with whom applicant had ‘fraught’ relationship - Applicant not offered position - Authority found fixed term engagements common in tertiary education industry due to funding, student demands, and term schedules - Found proper purpose and reasonable to have fixed term engagement - Applicant not appointed because chose not to meet requirements of new position - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s failure to address issues in relationship between applicant and supervisor - Both employer and employee under good faith obligation to ensure effective and efficient workplace relationships - Limited evidence of respondent taking appropriate steps - Neither party discharged obligation - Unjustified disadvantage - Applicant claimed not notified of restructuring until two days before contract ended - Found respondent assumed applicant knew of changes due to application for new position - Found respondent not at fault but should keep employees explicitly informed about changes to employment - Applicant’s other claims dismissed - Remedies - Applicant’s own behaviour contributed to refusal to meet all elements of new part time position - 100 percent contributory conduct - Jade and Hard Stone Carving Tutor |
| Result | Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA |
| Number of Pages | 10 |
| PDF File Link: | ca 73a_08.pdf [pdf 34 KB] |