| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 228 |
| Determination date | 01 August 2017 |
| Member | R Larmer |
| Representation | A Halse ; S Wilson, R Judge |
| Location | Auckland |
| Parties | Maxwell v Fonterra Co-operative Group Ltd |
| Summary | RAISING A PERSONAL GRIEVANCE –Whether applicant raised personal grievance within 90 days – PENALTY – Applicant sought penalty for breach of employment agreement – Forklift dirver |
| Abstract | AUTHORITY FOUND – RAISING A PERSONAL GRIEVANCE: Applicant expressed he was unhappy in employment however more is required to raise a personal grievance than an expression discontent. No evidence to indicate applicant raised personal grievance claim within 90 days. Applicant did not identify any exceptional circumstances which would explain delay in raising personal grievance out of time. Grievance not raised within 90 days. PENALTY: Applicant failed to identify potential breaches which he relied on to give rise to penalty claim. No valid claim. No penalty. |
| Result | Applications dismissed ; costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4(1A) ; ERA s114(1) ; ERA s114(2) ; ERA s114(4) ; ERA s115 ; ERA s133(1) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 ; Chief Executive of the Department of Corrections v Waitai [2010] NZEmpC 164 ; Goodall v Maringy (NZ) Ltd [2000] 2 ERNZ 60 ; Winstone Wallboards v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_228.pdf [pdf 162 KB] |