| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 320/05 |
| Hearing date | 22 Aug 2005 |
| Determination date | 23 August 2005 |
| Member | L Robinson |
| Representation | S Tee ; C Blake |
| Location | Auckland |
| Parties | Wild v Auckland City Council |
| Summary | RAISING PERSONAL GRIEVANCE - Application to raise personal grievance out of time - Dismissal arose out of a pornographic email attachment sent to applicant - Applicant alleged was so traumatised and affected by dismissal was unable to raise grievance until 294 days after dismissal - Alleged his shame and embarrassment prevented him raising any matters in his defence - Alleged depression, heavy drinking, and difficulty sleeping - No medical assessment until nearly a year after relevant events - Threshold level very high - Effects of trauma applicant alleged arose out of decision to terminate employment not as a result of factual matters which led to that termination - No exceptional circumstances - In any event effects described not sufficiently severe to amount to exceptional circumstances - Also not a continuing incapacity over entire 90 day period - Applicant had applied for another position - Application dismissed - Street trading officer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114;ERA s114(a);ERA s115(a) |
| Number of Pages | 5 |
| PDF File Link: | aa 320_05.pdf [pdf 58 KB] |