| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 151 |
| Hearing date | 19 Mar 2013 |
| Determination date | 30 April 2013 |
| Member | E Robinson |
| Representation | L Lambert ; M McGoldrick |
| Location | Whangarei |
| Parties | Carney v Makana Northland Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant entitled to be paid during notice period when applicant unable to work during notice period – Carpal Tunnel Syndrome – Applicant dismissed for incapacity – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably disadvantaged by respondent’s interactions with ACC – When applicant aware of actions giving rise to grievance – Whether respondent impliedly consented to raising of grievance out of time by attending mediation – Respondent stated applicant’s injury not caused by work – Respondent did not agree to worksite assessment taking place – Applicant’s ACC claim rejected – ACC decision quashed on review – Kitchen manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES: Respondent obligated under employment agreement to pay applicant wages in lieu of notice if appropriate notice not provided. Respondent to pay applicant arrears of wages, quantum to be determined. Leave reserved for parties to return to Authority if unable to determine quantum.;RAISING PERSONAL GRIEVANCE: Applicant had all information necessary to form reasonable belief respondent’s report to ACC and refusal to allow worksite assessment unjustified when received documentation for review of ACC decision. Applicant had knowledge of respondent’s interactions with ACC and had formed view respondent’s actions unjustifiable. Grievance not raised within 90 days. Respondent’s participation in mediation process mere acquiescence but respondent did not turn mind to applicant’s amended claim. Respondent did not consent to raising of grievance out of time. |
| Result | Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Application dismissed (raising personal grievance) ; Costs reserved |
| Main Category | Raising PG |
| Statutes | Accident Compensation Act 2001;ERA;ERA s114(1) |
| Cases Cited | Commissioner of Police v Hawkins [2009] 3 NZLR 381;Hawkins v Commissioner of Police [2007] ERNZ 762;Jacobsen Creative Surfaces Ltd v Findlater [1994] 1 ERNZ 35;NZ Fisheries Ltd v Napier City Council (1990) 1 NZ ConC 190,342;Phillips v Net Tel Communications [2002] 2 ERNZ 340;Silver Fern Farms Ltd v North [2010] ERNZ 172;Vulcan Steel Ltd v Wonnocott [2013] NZEmpC 15;Warburton v Mastertrade Ltd [1999] 1 ERNZ 636;Wyatt v Simpson Grierson (A Partnership) [2007] ERNZ 489 |
| Number of Pages | 22 |
| PDF File Link: | 2013_NZERA_Auckland_151.pdf [pdf 254 KB] |