| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 252 |
| Hearing date | 20 and 21 Jul 2016 (2 days) |
| Determination date | 25 July 2016 |
| Member | Robin Arthur |
| Representation | D Whitehead; J Manoa, N Farrell |
| Location | Whangarei |
| Parties | Urlich v The Chief Executive of the Ministry of Social Development |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant sought leave to raise grievances out of time – Social work supervisor |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant’s grievances relating to work bullying raised out of time. Applicant’s two filed health and safety reports did not have character or specific detail necessary to raise grievance. Applicant’s grievances in original statement of problem raised out of time. Medical evidence insufficient to establish applicant so affected or traumatised by work circumstances that grievances unable to be raised within time. Leave on ground of incapacity dismissed. Applicant did not make firm request for union delegate or official to raise grievance. Applicant obtained legal representation when grievances already out of time. Leave on ground of unreasonable failure by agent dismissed. Two grievances raised within 90 days. Application partially granted. Parties directed to mediation. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(6);ERA s115(a);ERA s159(2);ERA s160(3);ERA s174;ERA s174B;ERA s174E;ERA Second Schedule cl10(1) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_252.pdf [pdf 184 KB] |