| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/04 |
| Determination date | 16 January 2004 |
| Member | J Scott |
| Representation | GI Seagar ; KJ Burson |
| Location | Auckland |
| Parties | Meyer v Ports of Auckland Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Whether respondent estopped from raising 90 day rule after meeting with applicant - Given job description in March 1999 - Alleged after discovering original job description in July 2001 and comparing to 1999 description realised material and distinct changes to job - Met with respondent but no resolution - Resigned - Alleged constructive dismissal - Not credible that only became aware of personal grievance when found original job description - Submission of grievance two years after events fell outside 90 rule - No evidence respondent acknowledged grievance existed - Not estopped from relying on 90 day rule - No exceptional circumstances - Operations Supervisor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114 |
| Cases Cited | Drayton v Foodstuffs (South Island) Ltd [1995] 2 ERNZ 523;Jacobsen Creative Surfaces Ltd v Findlater [1994] 1 ERNZ 35 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |