| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 366 |
| Hearing date | 14 Aug 2013 |
| Determination date | 16 August 2013 |
| Member | E Robinson |
| Representation | S McKenna ; V Deobhakta |
| Location | Hamilton |
| Parties | Christensen v The Montessori Foundation |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Stress following staffing shortages - Sick leave - Allegations of misconduct - Applicant's employment terminated and applicant instructed counsel to raise grievance - Counsel believed grievance raised by email and did not send any further correspondence - Directress and Centre Manager |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Email from applicant's counsel succinctly identified issues. Lack of specificity did not invalidate raising personal grievance. Respondent conceded some comments made by counsel at meeting had been omitted from notes. Grievance raised within 90 days. Authority noted if decision incorrect applicant took reasonable steps to have grievance raised and any failure would be with instructed counsel. |
| Result | Application granted; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114 - ERA s114(1) - ERA s114(2) - ERA s114(3) - ERA s115 - ERA s115(b) - ERA s155(b) |
| Cases Cited | Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139;Creedy v Commissioner of Police [2006] ERNZ 517;Davies v Dove Hawkes Bay Inc [2013] NZEmpC 83;Melville v Air New Zealand Ltd [2010] NZEmpC 87;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_366.pdf [pdf 196 KB] |