| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 193 |
| Hearing date | 9 - 10, 14 Sept 2015 (3 days) |
| Determination date | 08 December 2015 |
| Member | James Crichton |
| Representation | P Moore ; A Shaw |
| Location | Christchurch |
| Parties | Cooper Jr v CMP Canterbury Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise other grievances out of time – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by loss of bonus, stand down from position and demotion – Meat worker |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Unjustified disadvantage claim subsumed into personal grievance claims. Applicant’s unreasonable delay in bringing matter for hearing materially contributed to respondent’s challenge to resist claims. Applicant’s grievance claims cannot be implied from conduct. Applicant made no specific application claiming exceptional circumstances for grievances out of time. Leave to raise personal grievance for other claims out of time declined.;UNJUSTIFIED DISADVANTAGE: Applicant not mislead by respondent’s policy. Applicant’s absenteeism amongst worst in company. Respondent applied proper process mandated by parties to CEA to reduce absenteeism. Applicant’s consent to process inferred by union membership. Respondent justified in decision to stand applicant down for absenteeism, health and safety reasons. Justified to demote applicant over absenteeism concerns. Respondent acted as fair and reasonable employer. No unjustified disadvantage. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | G L Freeman Holdings Ltd v Livingston [2015] NZEmpC 120 |
| Number of Pages | 18 |
| PDF File Link: | 2015_NZERA_Christchurch_193.pdf [pdf 269 KB] |