| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 107 |
| Hearing date | 2 Mar 2011 |
| Determination date | 17 June 2011 |
| Member | P R Stapp |
| Representation | G Gowland ; G Davenport |
| Location | Wellington |
| Parties | Standish v Civil Aviation Authority of New Zealand |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent unilaterally and without consultation prohibited applicant from performing full range of duties – Union raised issue of personal relationship applicant allegedly had with senior manager because member represented by union managed by manager – Director concerned if applicant in relationship with senior manager could give rise to potential conflict of interest – Applicant declined to confirm or deny relationship – Applicant claimed director only raised conflict issue later – Respondent attended mediation without applicant – General Business Manager (“B”) endeavoured to delegate various duties to applicant to perform while B absent on annual leave – Applicant declined delegations and claimed attempt to delegate insincere – B wrote to applicant stating respondent had trust and confidence in applicant – Applicant believed respondent did not have trust and confidence in applicant – Applicant resigned – Authority found respondent entitled to decide not to allow applicant to attend mediation – Found complaint made and nothing in applicant’s employment agreement (“EA”) that required applicant to attend mediation – Found decision made on operational grounds for senior manager to deal with matter without applicant’s attendance – Found nothing in EA that prevented respondent from ensuring no potential conflict of interest – Found applicant’s right to privacy affected by right of respondent to ensure no conflict of interest – Found entirely reasonable for respondent to raise applicant’s alleged relationship with senior manager with applicant given complaint made – Found respondent had direct interest in matter – Found applicant had obligation to be open and communicative with respondent – Found any breach not sufficiently serious enough to make it foreseeable applicant would resign – Found respondent surprised by applicant’s resignation – Found respondent’s decision for applicant not to attend mediation not reason for resignation – Found situation unusual and applicant created issues because of own perception of matter – No disadvantage – Manager Human Resources and Support Services |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_107.pdf [pdf 29 KB] |