| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 175 |
| Hearing date | 19-Jun-17 |
| Determination date | 19 June 2017 |
| Member | R Larmer |
| Representation | JO Wallberg (in person) ; E Bluegum |
| Location | Auckland |
| Parties | Wallberg v Kapsch Trafficcom Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether applicant fixed term or permanent employee - BARGAINING - Whether respondent engaged in unfair bargaining - RAISING GRIEVANCE - Applicant sought leave to raise grievance out of time |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Employment agreements did not meet requirements for fixed term agreements. Applicant permanent employee.;BARGAINING: Respondent failed to advise employee of right to take independent legal advice on intended employment agreement. Respondent engaged in unfair bargaining. Remedy to be determined later.;RAISING GRIEVANCE: Grievance raised 117 days after it occurred. Employment agreements did not contain problem resolution clause. Failure to provide employment problem resolution clause exceptional circumstance as it was likely to have resulted in delay in applicant raising grievance. Respondent not prejudiced by short delay. Leave to raise grievance out of time granted. |
| Result | Applications granted ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s63A(2)(b) ; ERA s63A(2)(d) ; ERA s65 ; ERA s66 ; s68(2)(d) ; ERA s69(1)(a) ; ERA s114(1) ; ERA s114(4) ; ERA s115 ; ERA s115(c) |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Auckland_175.pdf [pdf 92 KB] |