| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 133/05 |
| Determination date | 06 October 2005 |
| Member | J Crichton |
| Representation | K Castigione ; J Shingleton |
| Location | Christchurch |
| Parties | McDonnell-Grant v Country Ways Ltd t/a Black Country |
| Summary | RAISING OF PERSONAL GRIEVANCE - Applicant's lawyer advised respondent that applicant had employment relationship problem over warnings given to her - Stated if behaviour continued and applicant put in position where no alternative but to resign, respondent's conduct would amount to constructive dismissal - Applicant resigned six days later - Respondent alleged constructive dismissal grievance not raised within 90 days of resignation - Common sense that letter raised personal grievance in respect of matters traversed in letter - Authority did not accept respondent's submission that it could only consider actions taken by applicant on or after date of termination of employment - If letter did not raise personal grievance of itself, letter taken with resignation constituted proper notice of personal grievance and grounds of it - PRACTICE AND PROCEDURE - Respondent applied to strike out applicant's statement of problem - Authority had power to strike out but only on rare occasions when there was want of legal form - Applicant's statement of problem stood |
| Result | Application granted (raising grievance) ; Application dismissed (strike out) ; Costs reserved |
| Cases Cited | NZ Shipwrights Union v NZ Amalgamated Engineering IUOW and Steiner and Spartan Engineering [1989] 3 NZILR 284;Perry v The Vice Chancellor of the University of Canterbury unreported, J Crichton, 16 June 2005, CA 85/05 |
| Number of Pages | 4 |
| PDF File Link: | ca 133_05.pdf [pdf 23 KB] |