| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 77 |
| Determination date | 16 May 2014 |
| Member | C Hickey |
| Representation | J Levenbach ; A Sharma |
| Parties | Chilton v Rutherford Street Kindergarten Committee |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant represented by union - Whether totality of communications raised grievances - Respondent claimed applicant's claims vexatious and frivolous - Financial administrator and administration assistant |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Respondent notified union representing applicant in relation to dismissal. Issues separated in two and would have been obvious to respondent first claim unjustified disadvantage and second claim unjustified dismissal. Clearly stated applicant raising personal grievances under relevant sections. Grievance raised within 90 days. If grievance not raised, applicant made reasonable arrangements to have grievances raised. No evidence suggesting applicant's claim vexatious or frivolous. If grievance not raised in 90 days leave granted to raise grievance out of time. |
| Result | Application granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s103(1)(a);ERA s103(1)(b);ERA s114;ERA s114(4);ERA s114(5);ERA s114(6);ERA s115(b);ERA s159(1)(b) |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;Creedy v Commissioner of Police [2008] ERNZ 109 ; [2008] 3 NZLR 7;Hutchison v Nelson City Council [2013] NZEmpC 184;Idea Services Ltd (in stat man) v Barker [2012] NZEmpC 112 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Christchurch_77.pdf [pdf 309 KB] |