| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 72 |
| Hearing date | 23 Feb 2012 |
| Determination date | 28 February 2012 |
| Member | R Arthur |
| Representation | L Darroch ; A Caisley |
| Location | Auckland |
| Parties | Lemalu v Air New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether applicant raised grievance within 90 days – Applicant dismissed for serious misconduct – Respondent claimed applicant breached airside driving rules when detected by speed camera going faster than permitted – Applicant spoke with union about raising grievance – Union confirmed would not take any further action on applicant’s grievance – Applicant lodged personal grievance application with Authority and acknowledged had not raised grievance within required 90 day period – Applicant claimed told respondent at time of dismissal was not happy with decision to dismiss and intended to appeal decision – Authority found statement not sufficient to raise grievance – Applicant claimed letter given to respondent which set out that applicant wished to appeal decision – Found likely letter never given to respondent – Found union clearly advised applicant would not pursue grievance on applicant’s behalf – Found advice not hurried or belated and applicant still had time left to raise grievance on own account following advice – Found applicant not so affected by dismissal that unable to properly consider raising grievance in time – Therapist claimed that during 90 day period applicant coping and was compiling information for case – Found applicant able to properly consider raising grievance – Found unlikely applicant unaware of time limit for raising personal grievance given experience as union delegate and had previously discussed raising personal grievance about warning received – Found applicant’s feelings not uncommon for someone who had been dismissed and not exceptional – Found applicant remained able to consider and prepare raising personal grievance during 90 day period – Storeperson |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(4);ERA s114(4)(b);ERA s115;ERA s115(a);ERA s174 |
| Cases Cited | Creedy v Commissioner of Police [2008] ERNZ 109;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Auckland_72.pdf [pdf 41 KB] |