| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 72 |
| Hearing date | 14 Mar 2013 |
| Determination date | 01 May 2013 |
| Member | H Doyle |
| Representation | P Moore ; A Gallagher |
| Parties | Lochead v Ceres New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent gave implied consent to raise grievance out of time – Applicant claimed unjustifiably dismissed by respondent – Question of when employment terminated – 90 day trial period – Demolition Excavator Operator |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant’s employment terminated on later date. Conversation between parties within 90 day period focussed on future rather than raising past grievance. Oral exchange not sufficient to constitute raising of personal grievance. Grievance not raised during initial part of subsequent e-mail correspondence between parties. No implied consent during e-mail exchange between parties to extend period for raising grievance. Grievance not raised within 90 days. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s63A;ERA s67A(2);ERA s114(1);ERA s114(2) |
| Cases Cited | Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139;Commissioner of Police v Hawkins [2009] 3 NZLR 381;Creedy v Commissioner of Police [2006] ERNZ 517;Jacobsen Creative Services Ltd v Findlater [1994] 1 ERNZ 35;Phillips v Net Tel Communications [2002] 2 ERNZ 340;Turner v Talley’s Group Ltd (2013) 10 NZELC 79-019;Vulcan Steel Ltd v Wonnocott [2013] NZEmpC 15 |
| Number of Pages | 19 |
| PDF File Link: | 2013_NZERA_Christchurch_72.pdf [pdf 231 KB] |