| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 257 |
| Hearing date | 21-Aug-15 |
| Determination date | 24 August 2015 |
| Member | Anna Fitzgibbon |
| Representation | M Krska (in person) ; A Caisley |
| Location | Auckland |
| Parties | Krska v Air New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE - Whether grievance raised within 90 days - Applicant claimed unjustifiably disadvantaged by offer of secondment and manager's bullying - Aircraft Leasing Administrator |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE: Applicant raised grievance as to manager's bullying within 90 days. Respondent’s offer of secondment was declined or lapsed and did not alter terms and conditions of applicant’s employment. No unjustified disadvantage. Even if claim did amount to grievance, applicant’s expression of disappointment did not raise personal grievance. Grievance relating to respondent’s offer of secondment not raised within 90 days. |
| Result | Application partially granted ; Costs to lie where they fall |
| Main Category | Raising PG |
| Statutes | ERA s103 - ERA s 103(1)(b) - ERA s114 - ERA s114(4) - ERA s114(4)(a) - ERA s115 - ERA s174 |
| Cases Cited | Clark v Nelson-Marlborough Institute of Technology (2008) 5 NZELR 628 (EmpC);Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Matthes v NZ Post Ltd [1994] 1 ERNZ 994 (CA) |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_257.pdf [pdf 261 KB] |