| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 411 |
| Hearing date | 22 Aug 2013 |
| Determination date | 11 September 2013 |
| Member | E Robinson |
| Representation | P Freeman ; C Bradley |
| Location | Auckland |
| Parties | Hawthorne v Radioworks Ltd (in Receivership) |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Applicant made redundant – COUNTERCLAIM – PRACTICE AND PROCEDURE – Whether accord and satisfaction – Respondent did not receive signed copy of settlement agreement from applicant – Applicant paid in accordance with agreement – Network sales consultant |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Grievance not raised within 90 days. No uncertainty about triggering date of 90 day period. Intervention of Christmas and New Year period did not act to extend 90 day period or constitute exceptional circumstance. No exceptional circumstances. Between applicant’s dismissal and raising of grievance applicant received payments from respondent under settlement agreement and did not return payments or mention concerns regarding dismissal. Applicant engaged in discussions with respondent about future role for applicant’s company without mentioning would be raising personal grievance. No serious question to be tried. Overall justice favoured respondent. Leave to raise grievance out of time declined.;COUNTERCLAIM – PRACTICE AND PROCEDURE: Applicant’s retention of money paid under settlement agreement constituted acceptance of terms of agreement as full and final settlement of all matters relating to redundancy of applicant’s role. Accord and satisfaction reached. Applicant precluded from taking claim further. |
| Result | Application granted (counterclaim – practice and procedure) ; Application dismissed (raising personal grievance) ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;ERA s115(b) |
| Cases Cited | British Russian Gazette and Trade Outlook, Ltd v Associated Newspapers, Ltd [1933] 2 KB 616;Cabletalk Astute Network Services Ltd v Cunningham [2004] 1 ERNZ 506;Graham v Crestline Pty Ltd [2006] ERNZ 848;Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_411.pdf [pdf 273 KB] |