| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 241 |
| Determination date | 16 July 2012 |
| Member | R A Monaghan |
| Representation | B McGeown (In person) ; J Black |
| Parties | McGeown v Andy Andersons Industrial Services (2007) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether grievance commenced within three years – Authority found request that respondent attend mediation followed by provision of details to mediation service did not amount to raising of grievance with respondent – Found grievance not raised – Found attempt to commence grievance outside three year limit – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Found third party (“F”) independent contractor with no management or supervisory role over respondent’s employees – Found F’s actions not respondent’s actions – No dismissal |
| Abstract | Applicant claimed unjustifiably dismissed by respondent. Applicant subject to adverse comment by third party (“F”) and told by F that applicant would not be working at site much longer. Applicant claimed F business partner of respondent’s owner (“B”) and F’s actions amounted to dismissal of applicant by respondent. Applicant requested respondent attend mediation. Applicant provided details of encounter with F to mediation service but not to respondent. Applicant commenced proceedings almost four years after alleged dismissal. Applicant claimed relied on Department of Labour (“DOL”) advice that grievance would be commenced in time.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Request that respondent attend mediation followed by provision of details to mediation service did not amount to raising of grievance with respondent. Grievance not raised. Even if DOL advice incorrect, reliance on advice not reason to allow grievance to commence outside time limit. Attempt to commence grievance outside three year limit.;UNJUSTIFIED DISMISSAL: F independent contractor engaged by respondent with no management or supervisory role over respondent’s employees. Nothing in applicant’s interactions with respondent provided grounds for applicant’s assumption F B’s business partner. F’s actions not respondent’s actions. No dismissal. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103(1);ERA s114(1);ERA s114(2);ERA s114(3);ERA s114(4);ERA s114(6) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;McGeown v Andy Andersons Industrial Services (2007) Ltd [2012] NZERA Auckland 41 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_241.pdf [pdf 213 KB] |