| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 140 |
| Determination date | 15 May 2015 |
| Member | R Larmer |
| Representation | F Meikleham ; P Townsend |
| Parties | Abbot v The Pallet Co (BOP) previously known as Bay Pallets (2012) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent consented to applicant raising grievance out of time |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Applicant did not provide respondent with sufficient information to be able to respond properly when raising grievance. Grievance not raised within 90 days. Respondent attended mediation regarding grievance and actively engaged in attempt to resolve grievance without raising jurisdiction issue. Respondent impliedly consented to grievance being raised out of time. Applicant not permitted to raise new grievances. Consent finding. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);ERA s114(3) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Dickson v Unilever New Zealand Ltd 920090 6 NZELR 463 (EmpC);Comissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381;Idea Services Ltd (in statutory management) v Barker [2012] NZEmpC 112, [2012] ERNZ 454;Ovation New Zealand Ltd v Puhia [2011] NZEmpC 11, (2011) 8 NZELR 259 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_140.pdf [pdf 225 KB] |