| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 308 |
| Determination date | 01 October 2015 |
| Member | Robin Arthur |
| Representation | S Marx ; C Chilwell |
| Location | Auckland |
| Parties | Marx v Southern Cross Campus Board of Trustees |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days PENALTY – Applicant sought penalty for breach of good faith – Resource Teacher for Learning and Behaviour |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant failed to raise disadvantage claims in sufficient detail in time. Applicant did not raise discrimination claim until mediation. Grievances not raised within 90 days. Respondent did not consent to raising grievance out of time. Dismissal grievance raised within 90 days.;PENALTY: Applicant failed to make claim within 12 months. Claim time-barred. No penalty. |
| Result | Application partially granted (raising personal grievance) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);ERA s135(5);ERA s148(1) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_308.pdf [pdf 179 KB] |