| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 262 |
| Determination date | 01 September 2015 |
| Member | James Crichton |
| Representation | D King ; R Harrison |
| Location | Auckland |
| Parties | New Zealand Post Primary Teachers' Association v Webb and Anor |
| Other Parties | The Board of Trustees of Okaihau College |
| Summary | DISPUTE – Parties disputed interpretation of clause in collective agreement concerning leave to care for sick others who depend on teacher for care – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - Teacher |
| Abstract | AUTHORITY FOUND –;DISPUTE: Applicant originally applied for leave without pay and then retrospectively applied for sick leave with pay. Applicant not required to be carer for grandchild because grandchild not dependent on applicant, despite applicant’s daughter’s ill-health. Clause does not create entitlement to such leave, only entitlement to have benefit considered. Question answered in favour of respondent.;RAISING PERSONAL GRIEVANCE: Applicant notified respondent of issue when dispute arose but failed to clarify sufficiently until submissions. Grievance only properly raised during submissions. Grievance not raised within 90 days. |
| Result | Application dismissed ; Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_262.pdf [pdf 165 KB] |