| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 49 |
| Determination date | 08 February 2012 |
| Member | D King |
| Representation | G R Brooking (in person) ; P McBride |
| Location | Auckland |
| Parties | Brooking v Idea Services Ltd (in statutory management) |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed grievance raised outside 90 day period – Applicant’s advocate sent respondent letter within 90 day period that personal grievance would be raised with Department of Labour mediation services – Mediation unsuccessful – Applicant filed statement of problem 6 days outside 90 day period seeking access to information held by respondent – Applicant claimed advocate’s letter raised grievance in time – Authority found advocate’s letter referring to raising grievance in future did not amount to raising grievance – Found statement of problem did not raise grievance as filed outside 90 day period and only sought access to information held by respondent – Found grievance not raised within 90 days and applicant had not sought leave to raise grievance out of time |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Cases Cited | Hawkins v Commissioner of Police [2007] ERNZ 762 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_49.pdf [pdf 13 KB] |