Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2015] NZERA Auckland 43
Determination date 10 February 2015
Member A Fitzgibbon
Representation M Russell ; R Upton
Parties Russell v Transfield Services (New Zealand) Ltd
Summary RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Quarries supervisor
Abstract AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant did not raise grievance by putting respondent on notice during meetings that intended to raise grievance. No detail provided by applicant as to grievance or what respondent required to do to address grievance. Grievance not raised within 90 days. Applicant not so affected or traumatised by dismissal and circumstances giving rise to dismissal that unable to properly consider raising grievance during 90 day period. Leave to raise grievance out of time declined.
Result Application dismissed ; Costs reserved
Main Category Raising PG
Statutes ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;ERA s115(a)
Cases Cited Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Snowdon v Radio New Zealand Ltd [2014] NZEmpC 45;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 (EmpC)
Number of Pages 9
PDF File Link: 2015_NZERA_Auckland_43.pdf [pdf 223 KB]