| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 98 |
| Hearing date | 27 May 2014 |
| Determination date | 04 July 2014 |
| Member | H Doyle |
| Representation | P Jame ; M McCall |
| Location | Christchurch |
| Parties | Higgs v Chief of Defence Force |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant sought leave to raise grievances out of time - Applicant claimed sexually harassed by fellow employee (Z") - Applicant claimed unjustifiably disadvantaged by being prevented from applying for civil positions and unjustifiably constructively dismissed by respondent - Complaint about Z to applicant's manager - Service point manager" |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Authority ordered non-publication of Z's identity. Z not applicant's employer or respondent's representative. Applicant's initial complaint to manager amounted to complaint about Z's behaviour. Applicant's subsequent complaints made clear Z's behaviour continued. Letter from applicant stated applicant subject to behaviour of sexual nature by Z, set out how behaviour made applicant feel, referred to earlier complaint to manager and made reference to specific dates after complaint and matters of sexual nature by Z. Nature of applicant's complaint was personal grievance that applicant sexually harassed in employment by person other than employer. Applicant not required to state specifically that respondent responsible for harassment as clear from further complaints that alleged behaviour continued after being complained of to respondent's representative. Sexual harassment grievance raised within 90 days. Unjustified disadvantage and unjustified dismissal grievances raised for first time in statement of problem and not raised within 90 days. Leave to raise unjustified disadvantage and unjustified dismissal grievances out of time declined. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | Defence Act 1990 s71;ERA;ERA s103;ERA s103(1)(d);ERA s108;ERA s114(1);ERA s114(2);ERA s114(3);ERA s114(4);ERA s115;ERA s117;ERA s118 |
| Cases Cited | Clark v Nelson Marlborough Institute of Technology (2008) 5 NZELR 628;Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Christchurch_98.pdf [pdf 177 KB] |