| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 362 |
| Hearing date | 8 Jul 2014 |
| Determination date | 01 September 2014 |
| Member | T G Tetitaha |
| Representation | J Nayathodan (in person) ; S Langton |
| Location | Whangarei |
| Parties | Nayathodan v The Selwyn Foundation |
| Summary | JURISDICTION - RAISING PERSONAL GRIEVANCE - Whether settlement agreement between parties prevented Authority hearing matter - Whether applicant raised grievance within 90 days - Applicant claimed subjected to racial and sexual harassment and bullying - Allegations of harassment made against applicant by colleagues - Disciplinary process around competency - Applicant dismissed - Dismissal retracted in exchange for resignation - PRACTICE AND PROCEDURE - Admissibility of evidence - Hearsay relating to settlement of grievances - Nurse |
| Abstract | AUTHORITY FOUND -;JURISDICTION - RAISING PERSONAL GRIEVANCE: On balance of probabilities not satisfied there was binding agreement fully and finally settling applicant's grievances. Alleged settlement unenforceable and did not prevent Authority determining application. Applicant raised concerns about bullying and harassment by colleagues on six occasions. Less clarity about when racial harassment complaint raised. With exception of allegations of racial harassment, personal grievances raised within 90 days. Whether racial harassment grievance raised to be determined at hearing.;PRACTICE AND PROCEDURE: Concerns about reliability of evidence. Lack of detail about conversation. Hearsay evidence inadmissible. |
| Result | Applications granted (jurisdiction - raising personal grievance); Application dismissed (practice and procedure); No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s103;ERA s114;ERA s114(2);ERA s114(3);ERA s149;ERA s160(2);Evidence Act 2006;Evidence Act 2006 s18 |
| Cases Cited | Cable Talk Astute Network Services Limited v Cunningham [2004] 1 ERNZ 506;Graham v Crestline Pty Limited [2006] ERNZ 848;Maritime Union of New Zealand Inc v TLNZ Ltd [2007] ERNZ 593 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_362.pdf [pdf 258 KB] |