Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2015] NZERA Christchurch 178
Hearing date 17-Nov-15
Determination date 19 November 2015
Member David Appleton
Representation C Gordon ; T McRae
Location Ashburton
Parties Robin v Partners in Pork Ltd
Summary RAISING PERSONAL GRIEVANCE – Leave sought to raise grievance out of time – Butchery manager
Abstract AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Respondent received letters from applicant’s representative about problem within 90 day period, so respondent aware of issue, although respondent failed to respond. Reasonable employer would have contacted applicant after receiving letter to deny that applicant dismissed, as required by duty of good faith. Grievance only raised 9 days late, so delay not excessive. Just to allow applicant to raise grievance late. Leave granted to raise grievance out of time.
Result Application granted ; Costs reserved
Main Category Raising PG
Statutes ERA s4;ERA s4(1A)(b);ERA s103A;ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(5);ERA s115(b)
Number of Pages 10
PDF File Link: 2015_NZERA_Christchurch_178.pdf [pdf 235 KB]