| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 74 |
| Hearing date | 1 Apr 2014 |
| Determination date | 16 July 2014 |
| Member | G J Wood |
| Representation | S Austin ; R Webster |
| Location | Gisborne |
| Parties | Puanaki v Affco NZ Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Applicant dismissed for allegedly replacing carcass onto line after carcass fell on ground - Meat worker |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: In early interactions with respondent, applicant only stated intention to bring personal grievance. Applicant's actions consistent with someone seeking information and advice before raising grievance. Grievance not raised within 90 days. Reasonable to conclude applicant instructed representative to raise grievance within 90 days. Representative failed unreasonably to ensure applicant's grievance raised until two days after 90 day period. Erasure of video tape of incident matter within respondent's control and in equity and good conscience respondent unable to rely on prejudice arising from absence of tape. Just for Authority to investigate merits of claim. Leave to raise grievance out of time granted. |
| Result | Application granted ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114(5) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) (2005) 2 NZELR 402 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Wellington_74.pdf [pdf 157 KB] |