| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 175/05 |
| Hearing date | 27 Oct 2005 |
| Determination date | 14 November 2005 |
| Member | D Asher |
| Representation | T Wilton ; P Kiely |
| Location | Palmerston North |
| Parties | NZ Amalgamated Engineering, Printing and Manufacturing Union Inc and Ors v Carter Holt Harvey Ltd |
| Other Parties | Blackler, Moyes |
| Summary | PRACTICE AND PROCEDURE – RAISING PERSONAL GRIEVANCE - Preliminary matters – Applicants alleged respondent breached terms of collective agreement which gave preference for re-employment to employees made redundant – Second applicants alleged had been disadvantaged by breach – Shortly after redundancies, respondent required to recruit staff – First applicant approached respondent and said would take appropriate legal action if members were passed over for vacancies for which they were qualified – Second applicants unsuccessful in obtaining re-employment – Satisfied second applicants had necessary standing pursuant to s103(1)(b) ERA – Little case law on provision – Observation in Waugh v Commissioner of Police (cited below) that change in legislative wording from previous legislation must be intended to have some significance - Case of Wellington AHB v Wellington Hotel IOUW (cited below) distinguished - Grievances raised out of time – ERA did not provide for prospective/potential grievances – However, satisfied were exceptional circumstances and just to grant leave – Second applicants made reasonable arrangements to raise grievance and failure to act was that of first applicant who believed had communicated advice of personal grievance earlier – Parties directed to mediation |
| Result | Application granted ; Costs reserved |
| Statutes | ECA s27;ERA s5;ERA s6;ERA s103(1)(b);ERA s114;ERA s114(1);ERA s114(2);ERA s114(4);ERA s114(5);ERA s115(b) |
| Cases Cited | Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 ; [1996] 2 NZLR 409;Waugh v The Commissioner of Police [2003] 1 ERNZ 236;Wellington Area Health Board v Wellington Hotel IUOW [1992] 2 ERNZ 466 (CA) |
| Number of Pages | 9 |
| PDF File Link: | wa 175_05.pdf [pdf 41 KB] |