| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 427/08 |
| Hearing date | 20 Nov 2008 |
| Determination date | 17 December 2008 |
| Member | M Urlich |
| Representation | F Deniher (Applicant in person) ; G Phillips |
| Location | Auckland |
| Parties | Deniher v Chief Executive of Accident Compensation Corporation |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by repeated unsuccessful applications for position vacancies within respondent – Applicant claimed positions all fell within applicant’s range of skills and experience – Applicant claimed respondent obligated to advise applicant of any deficit impeding his success – Respondent argued treated each position application on merits and internal applicants treated same as external applicants – Respondent argued feedback available but applicant did not request it – Respondent argued applicant successful in attaining position following requested feedback session and interview coaching – Authority noted respondent consented to raising of personal grievance after expiration of 90 day limitation – Applicant granted secondment then short term position in different branch – Applicant wished to relocate but permanent applications unsuccessful – Applicant raised, withdrew, then resubmitted personal grievance – Parties settled grievance – Authority drew line under all events prior to record of settlement – Authority found fundamental difficulty of how personal grievance, which must be based on terms and conditions of employment, could arise from applications for future employment – Found no evidence respondent had view of applicant which negatively impacted on applications – Found applicant declined earlier feedback offers – Found respondent’s position reasonable given feedback would have concerned positions applied for, not position in which applicant employed at time – Applicant claimed unreasonable not to appoint applicant to position identical to applicant’s but for location – Authority found positions not same and each considered on merits – No unjustified disadvantage - Case manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s114;ERA s114(3) |
| Cases Cited | Matthes v NZ Post Ltd [1994] 1 ERNZ 994 |
| Number of Pages | 8 |
| PDF File Link: | aa 427_08.pdf [pdf 40 KB] |