| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 119 |
| Determination date | 07 August 2014 |
| Member | D Appleton |
| Representation | G Lloyd ; T Cleary |
| Parties | Kerr v Air Nelson |
| Summary | RAISING PERSONAL GRIEVANCE - Whether applicant raised grievance within 90 days - Two unjustified disadvantage claims relating to heated discussion with manager and final warning - Respondent allegedly berated and threatened applicant with dismissal after applicant sent complaint email to senior executives of respondent - Respondent alleged applicant intimidating and angry - Applicant issued with final warning - Respondent subsequently relied on final warning for dismissal - Store supervisor |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Email lacked specificity of grievance applicant wanted respondent to address. Grievance did not have to be raised all in one go. Together with subsequent meeting grievance relating to heated discussion raised. Concerns over final written warning raised however required action not offered by Union. Union only requested concerns be kept on applicant's file. Could not expect respondent to address grievance at indeterminate time in future. Grievance relating to final warning not raised within 90 days. |
| Result | Application partially granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4(1A)(b);ERA s101(ab);ERA s102;ERA s103;ERA s103(1)(b);ERA s114;ERA s114(1);ERA s114(2);ERA s114(3);ERA s114(6);ERA s143(b) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Christchurch_119.pdf [pdf 257 KB] |