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Stubbings v Ministry of Social Development
28 Aug 2007, M Urlich, AA 264/07, (4 pages)
DISPUTE - Applicant applied for early retirement on medical grounds - Initially told entitled to medical retiring leave and retiring leave - Later told entitled to medical retiring leave only - Applicant sought payment of retiring leave - Respondent submitted applicant received all payments entitled to - Claimed mistaken advice given in good faith and corrected it when discovered error - Plain words of employment agreement provided for retirement leave on either medical or age related grounds - Applicant retired on medical grounds only - Not entitled to additional payment - RAISING PERSONAL GRIEVANCE - At investigation meeting issue of whether personal grievance had been raised in relation to mistaken advice discussed - Applicant's letter concerning entitlement did not make it readily apparent to respondent he wished to raise disadvantage grievance
Result: Question answered in favour of respondent ; Orders accordingly ; Costs reserved
Turdeich v Dale Fibreglass Ltd
30 Jul 2007, V Campbell, AA 222/07, (8 pages)
RAISING PERSONAL GRIEVANCE - Application to raise personal grievance out of time - Respondent claimed unaware of grievance until received letter from Mediation Service - No dispute applicant failed to raise grievance within 90 days - Whether exceptional circumstances - No evidence applicant's advocate instructed to raise grievance - When advised advocate no longer at firm, was still within 90 day period - Did not contacted firm again until ten months later - Not satisfied applicant made reasonable arrangements to have grievance raised - No dispute resolution explanation as required by s65 Employment Relations Act 2000 ("ERA") in employment agreement - Applicant unaware of 90 day requirement - Absence of explanation caused delay in raising grievance and amounted to exceptional circumstances - Just to grant leave out of time - UNJUSTIFIED DISMISSAL - Poor performance - Applicant employed on fixed term agreement with probationary period - Dismissed for poor performance two weeks prior to its expiry - Given was temporary agreement with sole purpose of establishing suitability for permanent employment, respondent accepted agreement in breach of s66 ERA - Respondent unable to rely on fixed term - Agreement met requirements of s67 ERA - Applicant made aware performance short of accepted standard - However, respondent did not meet required standard for dealing with poor performance - No measures to address quality of work or reviews to assess improvements - No opportunity to provide feedback why expected outcomes not achieved - Given no indication permanent offer would not be made and not given opportunity to complete probation - Dismissal unjustified - Remedies - Applicant awarded two weeks lost wages taking into account fact unlikely would have been offered permanent position - Compensation at lower end of scale appropriate - While applicant's actions contributed to dismissal, not responsible for respondent's breaches of fair and reasonable treatment - Reduction in remedies not appropriate - Fibreglasser
Result: Applications granted ; Reimbursement of lost wages ($1,224) ; Compensation for humiliation etc ($2,000) ; Disbursements ($70)(Filing fee)
Wynne v The Order of St John Midland Regional Trust Board
3 Jul 2007, R A Monaghan, AA 200/07, (4 pages)
RAISING PERSONAL GRIEVANCE - COSTS – Applicant had sought urgent determination from Authority – Application very specific and apparently aimed to secure applicant’s attendance at work-related social function while on suspension – During conference call applicant advised no longer sought orders in respect of attendance at function – Authority treated matter as withdrawn and call abandoned – Authority subsequently received letter of withdrawal purporting to withdraw urgent order but leaving general grievance before Authority – Statement of problem and accompanying letter not adequate to alert Authority and respondent to raising of wider grievance in relation to suspension – Withdrawal of urgent application meant nothing before Authority - Circumstances caused considerable waste of time for both respondent and Authority – Respondent entitled to award of costs – Sought indemnity costs of $2,322 – Authority accepted costs avoidable – However, applicant had subsequently been dismissed and planned to raise personal grievance – Significant outstanding matters between parties – Appropriate for costs to remain reserved pending final resolution of matter
Result: Orders accordingly ; Costs reserved
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