| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 205 |
| Hearing date | 8 Dec 2011 |
| Determination date | 20 December 2011 |
| Member | G J Wood |
| Representation | G Ogilvie ; J Jermy |
| Location | Wellington |
| Parties | Richmond and Anor v Aspire Inc |
| Other Parties | Higgins |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicants claimed unjustifiably dismissed by respondent – Respondent claimed personal grievances raised out of time - Applicants on leave while respondent investigated alleged serious misconduct – Respondent provided applicants’ lawyer (“G”) with correspondence to pass on to applicants – G required to forward all correspondence to mental health representative (“X”) who delivered to applicants - Applicant gave G letters of dismissal and G forwarded on to X – X could not contact first applicant (“R”) until day after contacted second applicant (“H”) – Communication difficulties between applicants, G and X – G unable to meet with X during 90 day period – G drafted applicants’ personal grievance letters and sent to respondent before G could make further contact with applicants – G did not allow reasonable time for delivery of letters – Letters were returned several days later as G sent only to respondent’s physical address – Respondent received letters outside 90 day period – Authority found although G sent letters before 90 day period expired, on balance of probabilities in normal circumstances letters would have been received outside 90 day period anyway – Found mail returned to sender not exceptional circumstances – Found clear applicants told X to pursue personal grievances and that X informed G – Found G agreed to take personal grievances on applicants’ behalf – Found ordinarily client would need to approve personal grievance letters before sent to employer – Found however applicants not easily contactable, did not meet regularly enough with X and never met with G – Found in circumstances applicants did not make reasonable arrangements to have grievances raised in time – Applications dismissed |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s115;ERA s115(a) |
| Cases Cited | Creedy v Commissioner of Police [2008] ERNZ 109;McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) (2005) 7 NZELC 97,859;Melville v Air New Zealand Ltd (2010) 8 NZELR 190;Newfield Supermarket (1995) Ltd v Bogle [1999] 1 ERNZ 788;Stott v Ministry of Agriculture [1999] 1 ERNZ 448;Wyatt v Simpson Grierson (a partnership) [2007] ERNZ 489 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_205.pdf [pdf 38 KB] |