| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 132/10 |
| Hearing date | 10 Jun 2010 |
| Determination date | 06 August 2010 |
| Member | P R Stapp |
| Representation | J Bates ; P Churchman |
| Location | Wellington |
| Parties | Hobern v Accident Compensation Corporation |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant concerned about integrity of levy data but recommendations to improve data ignored by management – Applicant raised concerns with Chief Executive – Manager stated inappropriate to write to Chief Executive without manager’s permission – Applicant subsequently resigned but resignation not accepted and returned to work – Applicant raised personal grievance – Applicant went on sick leave after decision made not to implement model applicant was working on – Applicant returned to work in new position on same terms and conditions following implementation of return to work programme – Applicant continued to pursue personal grievance – Authority found personal grievance out of time – GOOD FAITH – BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement and duty to act in good faith by failing to provide feedback on reports, failing to identify cries for help, failing to act in good faith, and failing to consult with applicant on decision to remove one tool of job – Found applicant’s reports received by managers and appropriately considered – Found applicant provided with sufficient feedback but applicant did not accept or like feedback – Found respondent not expected to know applicant calling for help because not raised at time – Found respondent acted within rights to make decisions about quality of data and applicant’s work on model – Found respondent attended to responsibilities regarding applicant’s health after discovered problems – No breach of contract or good faith |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(6) |
| Number of Pages | 6 |
| PDF File Link: | wa 132_10.pdf [pdf 22 KB] |