| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 280 |
| Determination date | 02 July 2014 |
| Member | J Crichton |
| Representation | S Bhana ; S O'Brien |
| Parties | Bhana v Chu Li-Chuan Educational Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether applicant raised grievance within 90 days - Allegation applicant ill-treated child during employment - Serious misconduct - Applicant resigned - Respondent filed report with New Zealand Teachers' Council (NZTC") advising of disciplinary matter and subsequent resignation - JURISDICTION - Whether Authority had jurisdiction to grant remedies sought by applicant - Applicant claimed respondent's report to NZTC illegal - Early childhood teacher" |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE - No personal grievance raised in letter of resignation. Letter allegedly raising personal grievance did not put respondent on notice of resignation. Letter inadequate to raise grievance. Personal grievance not raised within 90 days.;JURISDICTION: Not necessary to determine but Authority provided comment on matter. Respondent required by law to file report. Claim not wholly within employment relationship. No basis on which respondent could avoid making report. No jurisdiction. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s128 - ERA s157 - ERA s161(1) - Education Act 1989 - Education Act 1989 139AK |
| Cases Cited | B D M Grange Ltd v Parker [2005] ERNZ 343 ; [2006] 1 NZLR 353;Pain Management Systems (NZ) Ltd v McCallum unreported, Pankhurst J, 14 August 2001, CP 72/01 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_280.pdf [pdf 167 KB] |