| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 37 |
| Determination date | 01 February 2013 |
| Member | E Robinson |
| Representation | B Austin (in person) ; E Coats |
| Parties | Austin v Yoobee Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Letter raising grievance sent before decision to dismiss applicant confirmed – Alleged failure to follow reasonable instruction – Alleged threat to fellow employee – Store manager |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Authority ordered non-publication of name of certain employee of respondent. At time letter sent by applicant’s representative, dismissal of applicant only anticipated future event and decision to dismiss not finalised. Grievance not raised within 90 days. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(2);ERA Second Schedule cl10(1) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Melville v Air New Zealand Ltd (2011) 9 NZELC 93,700;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_37.pdf [pdf 234 KB] |