| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 127 |
| Hearing date | 8 Aug 2012 |
| Determination date | 18 October 2012 |
| Member | G J Wood |
| Representation | M D Fennessy ; A D N Gallagher |
| Location | Palmerston North |
| Parties | Murrell v City Fitness Group Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether dismissal grievance raised within 90 days – Applicant sought leave to raise dismissal grievance out of time – Authority found dismissal grievance not raised within 90 days – Found applicant did not expect advocate to take further action until serious personal issues and bill to advocate resolved – Found applicant did not make reasonable arrangements to have dismissal grievance raised by advocate – Leave to raise dismissal grievance out of time declined |
| Abstract | Applicant claimed unjustifiably dismissed by respondent. Respondent claimed applicant’s dismissal grievance not raised within 90 days. Applicant sought leave to raise dismissal grievance out of time. Applicant suspended by respondent and raised unjustified disadvantage grievance. Applicant subsequently dismissed. Six months later applicant’s advocate (“advocate”) filed claim in Authority alleging unjustified disadvantage and unjustified dismissal.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant and advocate had arrangement advocate would only take further action on applicant’s behalf when applicant could afford to pay. Advocate did not raise dismissal grievance with respondent orally within 90 days, as respondent’s lawyer replied matter raised outside 90 days. Dismissal grievance not raised within 90 days. Applicant had already raised disadvantage grievance and did not expect advocate to take further action until serious personal issues and bill to advocate resolved. Applicant did not make reasonable arrangements to have dismissal grievance raised by advocate. Leave to raise dismissal grievance out of time declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s115(b) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Melville v Air New Zealand Ltd (2010) 8 NZELR 190;Melville v Air New Zealand Ltd (2011) 9 NZELC 93,700 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_127.pdf [pdf 98 KB] |