| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 506 |
| Hearing date | 3 Dec 2014 - 5 Dec 2014 |
| Determination date | 08 December 2014 |
| Member | E Robinson |
| Representation | S Fonua ; V Hodgson |
| Location | Auckland |
| Parties | Tuala v Linfox Logistics (NZ) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably disadvantaged by requirement to relocate place of work following final written warning – PRACTICE AND PROCEDURE – Whether grievance commenced within 3 years – Driver |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Letters from applicant specified nature of disadvantage grievance sufficiently and what applicant expected respondent to do to resolve grievance. Grievance raised within 90 days.;PRACTICE AND PROCEDURE: No evidence applicant took action in respect of unjustified disadvantage grievance until amended statement of problem raised grievance separate from unjustified dismissal. Amended statement of problem filed more than 3 years after applicant raised unjustified disadvantage grievance. Grievance not commenced within 3 years. No application for Authority to extend 3 year time period. |
| Result | Application granted (raising personal grievance) ; Application dismissed (practice and procedure) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103;ERA s114(1);ERA s114(2);ERA s114(6);ERA s219 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_506.pdf [pdf 177 KB] |