| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 90 |
| Hearing date | 1 Feb 2012 |
| Determination date | 09 March 2012 |
| Member | R A Monaghan |
| Representation | A Hutchinson ; D Grindle |
| Location | Whangarei |
| Parties | Ponce v Shipco Marine Constructors Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably disadvantaged by respondent as harassed and bullied into taking English lessons – Respondent claimed grievance raised out of time – Respondent director (“G”) concerned about adequacy of English language skills onsite and so offered employees English language lessons – Applicant claimed unnecessary to attend lessons as English was good – Applicant claimed respondent manager (“C”) said everyone was obliged to attend and threatened to have applicant sent back home if refused – C claimed did not threaten applicant and no employees who did not attend were sent home – Authority found applicant’s grievance not raised in time – Found unlikely exceptional circumstances existed and leave should be granted – Found grievance not raised within 90 days – RECOVERY OF MONIES – Applicant sought payment of ship allowance – Applicant assisted in conversion of vessel from prawn trawler to pleasure vessel – Applicant claimed no difference between ship repair and ship re-fit work – Found no evidence for applicant’s submission – Found work done could not reasonably be described as repair work – Applicant sought payment for time spent attending English language lessons – Respondent claimed payment not owed because attendance not compulsory – Found nothing in applicant’s account amounted to evidence that applicant was instructed to attend lessons when queried whether attendance necessary – Authority declined to make order for payments sought – Pipe Fitter |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;ERA s148 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_90.pdf [pdf 27 KB] |