| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 151/05 |
| Hearing date | 7 Jul 2004 |
| Determination date | 27 April 2005 |
| Member | D King |
| Representation | A Hope ; C Inglis |
| Location | Auckland |
| Parties | Creedy v New Zealand Police |
| Summary | RAISING PERSONAL GRIEVANCE – Application for leave to raise personal grievance out of time – Grievances concerned dismissal and alleged disadvantage during disciplinary investigation – Whether exceptional circumstances – Alleged misunderstood effect of raising personal grievance and times when grievance was required to be raised – Applicant thought grievance had been raised - Mistaken belief could not constitute exceptional circumstances - Alleged traumatised prior to termination of employment such that unable to properly consider raising grievance – Not convinced applicant so affected or traumatised that could not properly consider raising grievance – Mistaken belief grievance had been raised was sole causative element in not notifying grievance within 90 days - Alleged employment agreement did not contain explanation required by ERA and Police Act – Applicant knew of 90 day requirement – Any delay could not therefore have been caused by lack of explanation of 90 day requirement – No waiver by respondent – Applicant alleged cause of action ran from when became aware of certain affidavit – Applicant aware of actions which allegedly gave rise to grievances before had knowledge of affidavit – Applicant knew about investigation in September 2000, the way the investigation was conducted, his isolation from fellow employees and alleged targeting – Applicant also believed that lies had been told in Police tribunal and during investigation – Application for leave failed |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s54;ERA s114;Police Act s67 |
| Cases Cited | Bruce v Rio Beverages Ltd unreported, YS Oldfield, 16 April 2002, AA 105/02;Drayton v Foodstuffs (South Island) Ltd [1995] 2 ERNZ 523;Phillips v Net Tel Communications [2002] 2 ERNZ 340;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 4 |
| PDF File Link: | aa 151_05.pdf [pdf 19 KB] |