| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 103 |
| Determination date | 25 May 2012 |
| Member | H Doyle |
| Representation | D Collins ; J Farrow |
| Location | Christchurch |
| Parties | Smith v Usher Group Holdings Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant raised personal grievance relating to alleged sexual harassment within 90 days - Found applicant did not raise personal grievance relating to alleged unjustified dismissal within 90 days - Found were exceptional circumstances causing delay in raising grievance and just to grant applicant leave to raise grievance out of time - Leave to raise grievance out of time granted - Forecourt Attendant/Supervisor |
| Abstract | Applicant employed as forecourt attendant/supervisor. Applicant claimed raised grievance within 90 days or alternatively sought leave to raise grievance out of time. Respondent did not consent to applicant raising grievance out of time. Applicant claimed sexually and verbally harassed by respondent manager (X") and told respondent director ("U") could no longer work with X. Applicant claimed X threatened applicant if did not tell U everything fine applicant would lose job. Parties had meeting about applicant's proposed redundancy. Applicant made redundant four days later. Applicant contacted representative ("B") and sought advice. B discussed matter with U and later sent U letter. Applicant claimed B's letter raised personal grievance.;AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant raised personal grievance relating to alleged sexual harassment when applicant told U due to X's behaviour could no longer work with X. Grievance raised within 90 days. B's letter however not specific enough to raise personal grievance relating to alleged unjustified dismissal and B's phone call together with B's letter also not enough to raise grievance. Grievance only raised by B after 90 day period. Applicant entitled to conclude, as layperson, that when contacted B matter would proceed to mediation. Applicant made reasonable arrangements to have personal grievance relating to alleged unjustified dismissal raised on applicant's behalf. Were exceptional circumstances causing delay in raising grievance and just to grant applicant leave to raise grievance out of time. Leave to raise grievance out of time granted. Authority directed parties to attend mediation." |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s108;ERA s114;ERA s114(1);ERA s114(4);ERA s114(5);ERA s115(b);ERA s117 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Melville v Air New Zealand Ltd (2011) 9 NZELC 93,700;Ruebe-Donaldson v Sky Network Television Ltd (No 1) [2004] 2 ERNZ 83 |
| Number of Pages | 12 |
| PDF File Link: | 2012_NZERA_Christchurch_103.pdf [pdf 151 KB] |