| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 334/04 |
| Hearing date | 4 Oct 2004 |
| Determination date | 13 October 2004 |
| Member | A Dumbleton |
| Representation | M Young ; P Shaw |
| Location | Auckland |
| Parties | Milton v Vodafone New Zealand Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Whether personal grievance raised within 90 day period - Dismissed for serious misconduct - Alleged applicant involved in purchase and use of illegal drug on respondent's premises during work hours - Telephone conversation with respondent's employee (V") few days after dismissal - No further communication until nearly one year later - Authority found applicant told V he thought dismissal was wrong and replied affirmatively to V's question as to whether he had personal grievance - V, as respondent's representative, knew or ought to have known applicant felt aggrieved about dismissal - Under s114(2) Employment Relations Act 2000 grievance raised when employee alleged grievance that wanted employer to address - Grievance raised although nothing said about how to address grievance - V on behalf of respondent had some responsibility to propose mediation - Grievance raised within 90 days - Argument also addressed exceptional circumstances in event grievance not raised in 90 days - Concern about attracting police attention if grievance raised not exceptional circumstance" |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s101(b);ERA s114(2);ERA s114(5);ERA s115(a);ERA s159 |
| Cases Cited | Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 6 |
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