| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 46 |
| Hearing date | 10 Dec 2012 |
| Determination date | 08 February 2013 |
| Member | R A Monaghan |
| Representation | S McCartney ; J Turner ; P Cranney |
| Parties | McCartney v Atlas Concrete Ltd and Anor |
| Other Parties | First Union (formerly National Distribution Union) |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether letter from second respondent union to first respondent raised grievance – Whether suggestion by second respondent union that grievance be discussed further on return of union organiser cast doubt on whether letter raised grievance – Whether second respondent union withdrew grievance when told first respondent would not be acting for applicant – Applicant dismissed by first respondent for allegedly threatening and abusive behaviour towards co-workers – RECOVERY OF MONIES – Applicant sought recovery of union fees paid to second respondent – Whether second respondent union obliged to act for applicant – JURISDICTION – Whether Authority had jurisdiction to hear claim applicant’s accident caused by first respondent’s poor vehicle maintenance |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Letter from second respondent union to first respondent raised grievance. If second respondent union advised no longer acting for applicant, second respondent had no authority to withdraw applicant’s grievance. Grievance raised within 90 days.;RECOVERY OF MONIES: Second respondent union not obliged to represent applicant and did not make decision arbitrarily or without sufficient knowledge of background. No recovery of monies.;JURISDICTION: No jurisdiction to hear claim applicant’s accident caused by first respondent’s poor vehicle maintenance. |
| Result | Application granted (raising personal grievance) ; Applications dismissed (recovery of monies)(jurisdiction) ; Costs reserved |
| Main Category | Raising PG |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Ovation New Zealand Ltd (formerly Bernard Matthews New Zealand Ltd) v Puhia (2011) 8 NZELR 259 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_46.pdf [pdf 173 KB] |