| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 545 |
| Hearing date | 20 Dec 2011 |
| Determination date | 20 December 2011 |
| Member | R Larmer |
| Representation | N Patterson (in person) ; P Kapua |
| Location | Auckland |
| Parties | Patterson v Pacific Island Educational Resource Centre Trust |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant failed to raise grievance in time – Applicant failed to seek leave to raise personal grievance out of time – Applicant claimed did not seek leave as did not meet exceptional circumstances requirement for granting leave – Applicant did not raise grievance with respondent directly and relied on Authority serving statement of problem on respondent – Authority found whether grievance raised was dependent on content of statement of problem and proper way to raise grievance was to raise directly with employer – Applicant filed unsigned statement of problem and application delayed by two weeks – Found respondent unaware of grievance until received signed statement of problem – Applicant advised by lawyer of 90 day period after suspension and 90 day period recorded in parties’ employment agreement - Found grievance not raised within 90 days |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);ERA s114(3);ERA s114(4);ERA s114(4)(a);ERA s115 |
| Cases Cited | Cumming v Absolute Insurance Ltd unreported, P Cheyne, 26 July 2010, CA 149/10 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_545.pdf [pdf 26 KB] |