| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 137 |
| Hearing date | 3 Oct 2012 |
| Determination date | 02 November 2012 |
| Member | P R Stapp |
| Representation | S Beacham ; S Webster |
| Location | Napier |
| Parties | Davies v Dove Hawke's Bay Inc |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant did not provide clear request to representative to have grievance raised until applicant enquired about progress and did not leave representative enough time to raise grievance – Found applicant did not make reasonable arrangements to have grievance raised – Leave to raise grievance out of time declined – Social worker |
| Abstract | Applicant employed by respondent as social worker. Applicant sought leave to raise grievance out of time. Applicant claimed contacted representative (“B”) after dismissal and asked B to help applicant make sense of dismissal. Applicant claimed primary focus on family matters but wanted help regarding employment problems and wanted to make sure not ‘ripped off’ regarding holiday pay. B claimed sought information from respondent and prepared letter raising grievance for applicant to review. Three months after dismissal applicant contacted B to enquire about progress and reviewed letter prepared by B raising grievance. Letter sent to respondent. Grievance not raised within 90 days.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant did not provide clear request to B to raise grievance until applicant enquired about progress and reviewed letter. Applicant wanted B to make sense of situation and find out if applicant being ‘ripped off’ over holiday pay and did not give B enough time to raise grievance. Applicant did not make reasonable arrangements to have grievance raised. Leave to raise grievance out of time declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(4)(a);ERA s115;ERA s115(b) |
| Cases Cited | McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) (2005) 2 NZELR 402;Melville v Air New Zealand Ltd (2010) 8 NZELR 190;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Wellington_137.pdf [pdf 154 KB] |