| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 52 |
| Hearing date | 18 Feb 2014 |
| Determination date | 22 May 2014 |
| Member | T MacKinnon |
| Representation | S Jefferson ; E Lennie |
| Location | Napier |
| Parties | Howse v Commissioner of Police |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Applicant claimed constructively dismissed - Whether applicant subject to workplace bullying - Whether totality of communications between parties suggested respondent would have been aware of circumstances surrounding applicant's constructive dismissal claim - Police officer |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Letter from applicant's representative gave no indication why applicant considered resignation to be constructive dismissal. Applicant's reference to workplace bullying in conversation with superior more expression of disgruntled displeasure than indication of significant problem. Applicant's written response to performance improvement plan signalled cautious approach and would not have given respondent cause for concern. No reasons given for why applicant wished to take extended sick leave. Not reasonable to expect respondent to deduce from exit interview and letter from applicant's representative basis for applicant's claim was constructively dismissed. Not up to respondent to anticipate particular matters relied on by applicant. Letter to respondent and other information available to respondent not sufficient to allow respondent to know nature of applicant's grievance sufficiently. Grievance not raised within 90 days. Applicant made reasonable arrangements to have grievance raised by representative. Applicant decided to put grievance on hold in honest but mistaken belief grievance had been raised properly. Applicant entitled to rely on representative to know relevant law. Representative failed unreasonably to ensure grievance raised properly. Difficulties to Police in allowing grievance to proceed not good reason to deny applicant opportunity to pursue grievance. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(4);ERA s114(4)(a);ERA s114(5);ERA s115;ERA s115(a);ERA s115(b) |
| Cases Cited | Austin v Silver Fern Farms Ltd [2014] NZEmpC 30;Creedy v Commissioner of Police [2006] ERNZ 517;Creedy v Commissioner of Police [2008] ERNZ 109 ; [2008] 3 NZLR 7;Liumaihetau v Altherm East Auckland Ltd [1994] 1 ERNZ 958;McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) (2005) 2 NZELR 402;Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Wellington_52.pdf [pdf 257 KB] |