| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 132/05 |
| Determination date | 15 April 2005 |
| Member | R A Monaghan |
| Representation | R Oldham ; R Searle |
| Location | Auckland |
| Parties | Kingi v Statistics New Zealand |
| Summary | RAISING OF PERSONAL GRIEVANCE - Unjustified disadvantage - Alleged failure to clarify role and responsibilities, tension with manager, incorrect job grading," and failure to provide safe workplace resulting in workplace stress - Extended absence from work due to depressive episode - Personal grievance formally raised more than a year after absence from work began - Subsequent dismissal for incapacity - Grievances concerning lack of job clarity and tension with manager not raised within 90 day period - Discussions within 90 day period did not go beyond expressing concerns in ordinary course of employment - Alleged incorrect job grading possibly dispute over application of collective employment agreement - Determination of whether grading grievance raised in time reserved pending further investigation into whether problem was grievance or dispute - Workplace stress cumulative effect of other concerns and came to applicant's notice later than other grievances - Still not raised within 90 day period - PRACTICE AND PROCEDURE - Application for leave to raise personal grievances out of time - Findings not applicable to grading grievance - Nature and extent of illness prima facie indicated exceptional circumstances existed and occasioned delay in raising grievances - However, representation throughout illness by mother who was barrister and solicitor meant delay in raising personal grievances not occasioned by illness - No implied consent to raising of grievances out of time - Respondent's conduct consistent with attempts to deal with applicant's extended absence not indication of consent to raising of grievances out of time - Leave to raise grievances out of time declined - Order prohibiting publication of particular medical report - Statistician/project leader" |
| Result | Question answered in favour of respondent (clarity, tension and stress grievances not raised in time) ; Application dismissed (leave to raise clarity, tension and stress grievances out of time) ; Determination reserved (whether grading grievance raised in time ; whether leave to raise grading grievance out of time warranted) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s103(3);ERA s114(1);ERA s114(2);ERA s114(4);ERA s115 |
| Cases Cited | Farmers Trading Company Limited v Opuariki [1998] 1 ERNZ 313;Goodall v Marigny (NZ) Limited [2000] 2 ERNZ 60;Jacobsen Creative Surfaces Limited v Findlater [1994] 1 ERNZ 35;Liumaihetau v Altherm East Auckland Ltd [1994] 1 ERNZ 958;Phillips v Net Tel Communications Limited [2002] 2 ERNZ 340;Ruebe-Donaldson v Sky Network Television Limited [2004] 2 ERNZ 83;Winstone Wallboards Limited v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 10 |
| PDF File Link: | aa 132_05.pdf [pdf 67 KB] |