| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 62 |
| Hearing date | 25 Jan 2013 |
| Determination date | 08 April 2013 |
| Member | P R Stapp |
| Representation | C March (in person) ; N McPhail |
| Parties | Marsh v General Distributors Ltd t/a Countdown Church Corner |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Alleged harassment and discrimination – Issue of beanie and gloves – RECOVERY OF MONIES – Applicant sought recovery of legal fees – DISPUTE – Parties disputed whether respondent able to alter applicant’s work hours and instruct applicant to count cartons – Applicant did not agree to change of work hours – Applicant claimed health and safety issues as counting cartons distracting and stressful |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Historical matters raised by applicant not raised properly as grievances. Grievance not raised within 90 days.;RECOVERY OF MONIES: Nothing in employment agreement requiring respondent to pay legal fees incurred by applicant during course of applicant’s employment and in resolution of employment relationship problem. Not appropriate for applicant to recover such costs as matter of public policy. No recovery of monies.;DISPUTE: Respondent consulted applicant over proposed changes to applicant’s work hours. Other appropriate avenues for applicant to deal with any health and safety issue surrounding counting cartons. Open to respondent to change applicant’s work hours and to instruct applicant to count cartons. Questions answered in favour of respondent. |
| Result | Applications dismissed ; Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA;ERA s114 |
| Cases Cited | New Zealand (with exceptions) Shipwrights Union v Honda New Zealand Ltd (1989) 3 NZELC 97,546 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_62.pdf [pdf 186 KB] |