| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 321/05 |
| Hearing date | 1 Aug 2005 |
| Determination date | 23 August 2005 |
| Member | R A Monaghan |
| Representation | R Dromgool ; S Turner |
| Location | Auckland |
| Parties | Sharplin v Westpac Banking Corporation Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Application to raise personal grievance out of time - Applicant devoted considerable attention to couple at bank who subsequently were convicted of fraud - Respondent was concerned with quality of applicant's exercise of judgment regarding the couple and their business - Delay in raising personal grievance - Alleged delay due to state of mind - Alleged seriously affected by termination of employment - Applicant able to hold job down within 90 day period - Evidence did not show traumatic injury to feelings such that prevented applicant from giving proper consideration to raising grievance - Alleged unaware of time constraints - Employment agreement predated Employment Relations Act - Though now required to have reference to raising grievances failure to include provision not breach of Act - Applicant could have become aware of time limit if he had taken interest in reading contents of agreements of people who reported to him - Alleged he believed the charges against the couple had to be heard and determined first - Reason not capable of supporting application for leave - Application dismissed - Manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s65(2)(a)(vi);ERA s114(1);ERA s115(a);ERA s115(c);ERA s242 |
| Cases Cited | MacDonald v Health Technology Ltd [1992] 2 ERNZ 735;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 4 |
| PDF File Link: | aa 321_05.pdf [pdf 25 KB] |