| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 230 |
| Determination date | 05 August 2015 |
| Member | A Fitzgibbon |
| Representation | S Sahib (in person) ; S Fraser |
| Location | Auckland |
| Parties | Sahib v New Zealand Post Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Customer Services Representative |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Applicant raised grievance 18 months after resignation. Grievance not raised within 90 days. No evidence as to specific events affecting applicant so that unable to raise grievance within 90 days. Medical certificate provided unclear as to whether work cause of applicant’s stress. Applicant tried to withdraw resignation after two weeks. No evidence that applicant’s representative failed to raise grievance within time. Applicant aware of requirement to raise grievance within 90 days. No exceptional circumstances. No need to consider whether just to grant leave. 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);ERA s115(b);ERA s115(c);ERA s174 |
| Cases Cited | Davies v Dove Hawkes Bay Inc [2013] NZEmpC 83, [2013] ERNZ 191 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_230.pdf [pdf 255 KB] |