| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 580 |
| Hearing date | 11 Dec 2013 |
| Determination date | 18 December 2013 |
| Member | A Fitzgibbon |
| Representation | N Mensah (in person) ; B Molloy |
| Location | Auckland |
| Parties | Mensah v Ward Demolition Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant sought to raise grievance out of time - Applicant claimed employment agreement not explained and not aware of requirement to raise grievance within 90 days - English not applicant's primary language - Applicant claimed abused, threatened, sworn at in racist manner and assaulted - Applicant put compliant in writing - Applicant resigned following further incident - Whether Community Law Centre (Law Centre) raised constructive dismissal grievance on applicant's behalf |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant credible witness. Applicant complained about treatment immediately following incidents and later in writing. Unjustified disadvantage grievance raised within 90 days. Applicant told respondent resignation due to bullying and harassment and respondent's failure to take sufficient steps. Authority considered grievance raised at time of resignation but if Authority wrong letter from Law Centre received by respondent outside 90 days. Lapse in time between engaging Law Centre and Law Centre sending letter exceptional circumstance. Applicant's lack of proficiency in english relevant consideration. Delay in receiving letter minimal. If grievance not raised by resignation leave to raise grievance out of time granted. |
| Result | Applications granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) - ERA s114(2) - ERA s114(3) - ERA s114(4) - ERA s115 - ERA s115(c) |
| Cases Cited | Gibson v G F W Agri-Products Ltd [1994] 2 ERNZ 309 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_580.pdf [pdf 176 KB] |