| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 130 |
| Determination date | 18 December 2014 |
| Member | P R Stapp |
| Representation | J Handy (in person) ; G Davenport |
| Location | Wellington |
| Parties | Handy v New Zealand Fire Service Commission |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant sought leave to raise grievances out of time - Whether applicant required to specify remedies sought - False alarm administrator |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant's comments relating to racial harassment and workplace bullying more in nature of complaint about applicant's treatment. Grievances relating to racial harassment and workplace bullying not raised within 90 days. No evidence of request by applicant for union to raise grievance. Applicant aware of time requirements. No exceptional circumstances. Leave to raise grievances relating to racial harassment and workplace bullying out of time declined. More likely than not respondent foresaw what applicant wanted considered. Applicant asked for mediation. Unjustified dismissal grievance and unjustified disadvantage grievance relating to dismissal raised within 90 days. Grievances relating to racial harassment and workplace bullying able to form background to dismissal grievance. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Cases Cited | Maharaj v Recon Professional Services Ltd [2014] NZEmpC 114 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_130.pdf [pdf 163 KB] |