| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 130 |
| Determination date | 28 June 2013 |
| Member | D Appleton |
| Representation | H McKinnon ; K Chapman |
| Location | Christchurch |
| Parties | Lane v Gateway Housing Trust |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Casual employee – Applicant complained about lack of work in meeting and letter and requested mediation - Applicant subsequently found notes in work file describing applicant as “irrationally and emotionally or mentally imbalanced” – After reading file applicant aware permanently dismissed - Applicant believed discriminated against and sought to raise further grievance for discrimination – Whether applicant estopped from raising personal grievance - Casual reliever |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Clear applicant concerned about no work and raised this with respondent. This amounted to a claim of unjustified dismissal. Applicant not estopped from raising personal grievance for unjustified dismissal. Unjustified dismissal grievance raised within 90 days. Applicant did not make clear nature of disability discriminated against or facts relied upon. Unjust to expect respondent to infer what personal grievance related to. Discrimination grievance not raised by letter. Leave reserved for applicant to present evidence on whether discrimination grievance raised orally. Parties directed to mediation. |
| Result | Application partially granted ; Orders made ; Costs reserved |
| Main Category | Raising PG |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Checkmate Precision Cutting Tools Limited v Tomo [2013] NZEmpC 54;Turner v Talley's Group Limited [2013] NZEmpC 31 |
| Number of Pages | 17 |
| PDF File Link: | 2013_NZERA_Christchurch_130.pdf [pdf 288 KB] |