| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 198/05 |
| Hearing date | 26 May 2005 |
| Determination date | 27 May 2005 |
| Member | V Campbell |
| Representation | TA Skeet (in person) ; D Clure |
| Location | Auckland |
| Parties | Skeet v Papatoetoe Cosmopolitan Club (Inc) |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant verbally resigned in July 2004 but refrained from making resignation formal, as agreed between the parties, until after the respondents annual conference in mid August - In August, applicant resigned from position giving one month's notice - Alleged constructive dismissal - In December wrote letter advising had decided to pursue personal grievance and was meeting to discuss issue - Whether raised grievance within 90 days - More likely than not that applicant advised respondent in July she was resigning in response to treatment she believed she was receiving from the respondent's committee - Further discussion of issues at December meeting - 90 day period began on last day of employment (in September) - Grievance raised within 90 days - Entitled to have grievance investigated |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s114;ERA s114(3);ERA s159(1)(b) |
| Cases Cited | Meyer v Ports of Auckland Ltd unreported, Shaw J, 28 July 2004, AC 41/04;Para Franchising Ltd v Whyte [2002] 2 ERNZ 120 |
| Number of Pages | 3 |
| PDF File Link: | aa 198_05.pdf [pdf 15 KB] |