Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2014] NZERA Auckland 80
Determination date 06 March 2014
Member R Larmer
Representation N Connolly (in person) ; B Watson
Parties Connolly v AE Management Ltd
Summary RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Alleged unilateral removal of regular shifts – Whether applicant abandoned employment – PRACTICE AND PROCEDURE – Whether applicant’s breach of contract claim commenced in time
Abstract AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant initially aware of right to bring unjustified disadvantage claim but elected not to at that point. Applicant’s unjustified disadvantage claim not raised within 90 days. Authority unable to determine when applicant’s employment ended and whether unjustified dismissal grievance raised within 90 days on papers.;PRACTICE AND PROCEDURE: Applicant’s breach of contract claim not personal grievance and commenced in time.
Result Application granted (practice and procedure) ; Application partially dismissed (raising personal grievance) ; No order for costs
Main Category Raising PG
Statutes ERA s114(3)
Number of Pages 7
PDF File Link: 2014_NZERA_Auckland_80.pdf [pdf 221 KB]