Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 1A/05
Determination date 09 March 2005
Member P R Stapp
Representation D Kennedy ; J Ferguson
Location Wellington
Parties Sharp v Lowe Corporation Ltd
Summary RAISING PERSONAL GRIEVANCE - Whether grievance raised in time - Whether exceptional circumstances - Applicant became concerned about supervisor taking laboratory equipment home at night and ordering chemicals for own use through work - Alleged complained about supervisor's conduct between 2000 and February 2002 and respondent failed to properly respond - Assisted police on confidential basis but later told senior management of assistance - After supervisor arrested learnt gang connections were involved - Applicant's involvement became known to supervisor - Bail condition that supervisor not allowed to associate with co-workers lifted - Alleged scared - Supervisor did not return to workplace - Negotiations for new employment agreement between parties commenced and finally concluded - Sought to raise personal grievance on 1 November 2002 - Alleged personal grievance in time as only came to applicant's notice when police began undercover operation, or when supervisor arrested, or when supervisor pleaded guilty - Alternatively alleged there were exceptional circumstances revolving around police involvement and requirement that matter be kept confidential - Grievance raised out of time - Authority accepted applicant affected by trauma, stress and fear relating to involvement in police operation - However applicant could have raised grievance without publicity - Wanting to complete negotiations not an exceptional circumstance - Application dismissed - Laboratory Assistant
Result Application dismissed ; Costs reserved
Number of Pages 7
PDF File Link: wa 1a_05.pdf [pdf 36 KB]