| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 14 |
| Hearing date | 18 Jan 2012 |
| Determination date | 02 February 2012 |
| Member | G J Wood |
| Representation | N Papera (in person) ; P McBride |
| Location | Wellington |
| Parties | Papera v OCS Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant’s employment transferred to respondent when university cleaning contract lost – Applicant covered by written employment agreement which applicant no longer had copy of – University staff complained about applicant’s behaviour and banned applicant from premises – Applicant denied wrongdoing – Applicant not given any information about ban until respondent contacted applicant to say looking at placing applicant at another suitable site – Applicant claimed suspended – Applicant given options for returning to work – Applicant claimed given final pay – Applicant claimed told by respondent nothing more could be done to help applicant – Applicant claimed did not know about personal grievance procedure – Applicant filed application with Authority three years later – Applicant claimed traumatised as result of treatment by respondent – Authority found applicant’s claims for unjustified disadvantage and dismissal clearly out of time – Found applicant never raised concerns to enable respondent to address concerns – Found applicant never raised grievance – Found applicant not so traumatised by matters giving rise to grievance that was unable to properly consider raising grievance within 90 days – Found applicant did not make reasonable arrangements with union to have grievance raised – Applicant claimed respondent failed to provide statement of reasons for dismissal – Found no exceptional circumstances – COSTS – Half day investigation meeting – Respondent sought contribution to costs – Found applicant provided no evidence on ability to pay costs award – Applicant claimed did not have much money left over each week from wages – Found payment to be made in $30 weekly instalments – $1,500 contribution to costs appropriate - Cleaner |
| Result | Application dismissed ; Costs in favour of respondent ($1,500) |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(6);ERA s120(1);ERA s219(1);ERA s221(b) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Thomson v Thomson [1992] 2 ERNZ 84 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Wellington_14.pdf [pdf 31 KB] |