| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 386 |
| Hearing date | 26 Aug 2013 |
| Determination date | 28 August 2013 |
| Member | J Crichton |
| Representation | S Scott ; G Peploe |
| Location | Hamilton |
| Parties | Andersen v Waikato District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent gave implied consent to raise grievance out of time – Applicant sought leave to raise grievance out of time – Applicant instructed lawyer to raise grievance – Whether letter sent by lawyer raised grievance – Series of exchanges between parties once applicant’s lawyer provided further particulars |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Letter sent by lawyer did not specify any remedy or make request for any particular engagement in dispute resolution process. Grievance not raised within 90 days. Respondent did not raise any issue of applicant’s apparent failure to raise valid grievance during further exchanges. Respondent’s failure to make clear did not accept letter as validly raising grievance perfected imperfect communication and now unfair and unjust for respondent to deny grievance raised in time. Respondent consented to grievance being raised out of time. Alternatively, applicant took proper steps to instruct lawyer to raise grievance and nothing would have alerted applicant to fact was potential difficulty with raising of grievance. No inappropriate behaviour by applicant and would have been just to grant leave to raise grievance out of time. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s114(5);ERA s115;ERA s115(b) |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_386.pdf [pdf 160 KB] |