| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 556 |
| Hearing date | 18 Nov 2013 |
| Determination date | 04 December 2013 |
| Member | R Larmer |
| Representation | N Dannatt (in person) ; E Coats |
| Location | Hamilton |
| Parties | Dannatt v The Chief Executive of the Department of Corrections |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant sought leave to raise grievances out of time – Applicant alleged sexual harassment, unfair monitoring, unfair performance development plan (“PDP”), unjustified deduction of wages, breach of good faith and ongoing distress caused by respondent – Respondent accepted wage and distress claims raised within 90 days – Case manager |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: No evidence to support applicant’s claims regarding monitoring. Raising of concerns not raising of grievance. Applicant raised harassment issue as complaint rather than grievance. No discussion of applicant raising grievance at meeting to address employment issues. No evidence applicant raised grievance in relation to PDP. Applicant’s grievances raised in letter from Public Service Association. Monitoring, harassment and PDP grievances not raised within 90 days. Applicant did not make reasonable arrangements to raise grievances in time. Applicant unable to establish exceptional circumstances. Leave to raise grievances out of time declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);ERA s114(4);ERA s115(b) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Dickson v Unilever New Zealand Ltd (2009) 6 NZELR 463;Idea Services Ltd (in stat man) v Barker (2012) 10 NZELR 262;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_556.pdf [pdf 235 KB] |