| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 61/05 |
| Determination date | 21 April 2005 |
| Member | P R Stapp |
| Representation | G Gowland ; M Quigg |
| Location | Wellington |
| Parties | Lynch v Asteron Life (NZ) Ltd t/a Asteron |
| Summary | RAISING OF PERSONAL GRIEVANCE - Applicant reduced to menial duties when respondent restructured - Told respondent unhappy with outcome and intended to take further action over a grievance" - Accepted subsequent advice from respondent to "wait and see" what would happen to role when proposed new database arrived - Original database proposal and subsequent alternative proposal not implemented - Seven months after initial restructuring applicant requested offer of redundancy package - Whether applicant raised grievance within required 90 day timeframe - Respondent on notice of grievance when applicant verbalised unhappiness with changes and intention to take action - Occurred within 90 day period - One of purposes of raising grievance was to enable discussion and resolution of problem between parties - Deferring action until outcome of database proposal known consistent with attempt to resolve problem through database initiatives - Deferment also put respondent on notice of grievance - When database initiatives not realised to applicant's satisfaction applicant free to pursue grievance as to whether job had changed sufficiently to claim redundancy" |
| Result | Question answered in favour of applicant ; Costs reserved |
| Statutes | ERA s114(1) |
| Number of Pages | 5 |
| PDF File Link: | wa 61_05.pdf [pdf 31 KB] |