| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 422 |
| Hearing date | 18 Apr 2013 |
| Determination date | 17 September 2013 |
| Member | K J Anderson |
| Representation | M Leaf ; R Webster |
| Location | Hamilton |
| Parties | Clarke v Affco New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought to raise grievance out of time - Accident involving knife cut - Cut not adequately treated and applicant subsequently required hospital treatment - Applicant required machine for pain relief and suggested respondent pay for battery charger - Applicant dismissed after taking battery charger home - Applicant claimed union representative stated would take grievance further and made reasonable arrangements to have grievance raised but union failed - Applicant instructed barrister outside time frame |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Significant lack of evidence applicant pursued grievance until meeting with barrister following year. Applicant mistaken about role of union representative and actions taken on applicant's behalf. Union representative actions related to ACC payment for injury not raising personal grievance. No evidence arrangement made with authorised officer of union to have grievance raised. Leave to raise grievance out of time declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 - ERA s114(b) - ERA s115 - ERA s115(b) |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_422.pdf [pdf 112 KB] |