| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 540 |
| Determination date | 25 November 2013 |
| Member | P R Stapp |
| Representation | A G Taylor ; M Witt |
| Parties | Casson v The Commissioner of Police |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days –Applicant resigned employment – Applicant sent letter to respondent raising personal grievances for unjustified disadvantage and constructive dismissal – Applicant made thirteen separate allegations including bullying and threatening behaviour – Whether matters should be treated as single pattern of actions – Whether applicant notified respondent of allegations as allegations arose – Applicant met with superintendent to discuss complaints – Section sergeant |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant unaware of requirements for raising grievance. No evidence applicant raised grievances prior to resigning. Applicant failed to meet requisite requirements for raising individual grievances in respect of first twelve allegations. Letter and meeting with superintendent put respondent sufficiently on notice of grievance for bullying and threatening behaviour. Claim of bullying and threatening behaviour relied on each allegation. First twelve allegations background to employment relationship problem. Applicant permitted to raise narrow claim of unjustified disadvantage for being treated unfairly, targeted for no reason and made to feel marginalised and bullied. Grievance raised within 90 days. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s103;ERA s103(1)(b);ERA s114;ERA s114(1);ERA s114(2);ERA s114(3);ERA s115 |
| Cases Cited | Commissioner of Police v Hawkins [2009] 3 NZLR 381;Gates v Air New Zealand Ltd (2009) 7 NZELR 41 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_540.pdf [pdf 246 KB] |