| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 248 |
| Determination date | 18 June 2014 |
| Member | E Robinson |
| Representation | R Mark ; E Burke |
| Parties | McKee v Livestock Improvement Corporation Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed constructively dismissed by respondent - Applicant claimed respondent breached duty of good faith by failing to take appropriate steps in regard to complaint of workplace bullying and resulting stress - Whether e-mailed complaint about workplace bullying sufficient to raise grievance - Herd test team leader |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: E-mail raising complaint not required to specify facts on which personal grievance based in same detail as statement of problem and not required to quantify remedies sought. E-mail made clear grievance related to behaviour of manager (S") towards applicant, cited instances of behaviour and advised effect behaviour had on applicant. E-mailed complaint put respondent on notice applicant raising grievance concerning bullying and inappropriate management style of S with sufficient specificity to allow respondent to address grievances. Employment relationship problem able to constitute personal grievance. Respondent vicariously liable for S's conduct in course of employment. Grievance raised within 90 days." |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s114(1);ERA s114(2) |
| Cases Cited | Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139;Melville v Air New Zealand Ltd (2011) 9 NZELC 93,700;Turner v Talley's Group Ltd (2013) 10 NZELC 79-019;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_248.pdf [pdf 224 KB] |