Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2011] NZERA Wellington 160
Hearing date 20 Aug 2011
Determination date 21 October 2011
Member D King
Representation A Millar ; J Latimer
Location Wellington
Parties Culling v Turners Auctions Ltd
Summary UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant given performance improvement plan (“PIP”) – Applicant claimed targets set in PIP unachievable – Respondent national sales manger claimed PIP targets formalised expectations which had been relayed to applicant when accepted role – Applicant claimed respondent intended to set applicant up to be pressured into resigning or being dismissed – Applicant claimed PIP was unilateral variation to method of payment clause in employment agreement – Applicant told respondent not prepared to sign PIP – Authority found PIP was not attempt to vary method of payment or to force unilateral variation to employment agreement – No disadvantage – Finance and In House Consultant
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 4
PDF File Link: 2011_NZERA_Wellington_160.pdf [pdf 16 KB]