| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 161 |
| Determination date | 11 May 2012 |
| Member | J Crichton |
| Representation | M Richardson ; P Tremewan |
| Location | Auckland |
| Parties | MacDonald v The Optimum Clothing Company Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant's position made redundant and applicant dismissed - One month later applicant's former position advertised on part time basis - Two months later applicant raised personal grievance claiming unjustifiably dismissed by respondent - Respondent claimed personal grievance raised outside 90 day period - Applicant claimed 90 day period began when position advertised - Authority found 90 day period began when respondent advertised applicants position - Found advertisement raised issues of genuineness of redundancy - Found grievance raised within 90 days |
| Result | Application granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) |
| Cases Cited | Drayton v Foodstuffs (South Island) Ltd [1995] 2 ERNZ 523 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_161.pdf [pdf 141 KB] |