| Summary |
RAISING OF PERSONAL GRIEVANCE - Alleged unjustified disadvantage - In 1989 applicant applied to join respondent and she submitted to medical examination by medical practitioner Dr B" - During 1993 applicant became concerned that medical examination she had had was not consistent with medical examination of other female colleagues - Alleged Chief Medical Officer dismissed her concerns - Applicant spoke to police officer ("Witness C") who had referred her to Dr B and alleged she obtained assurance that no further Police recruits would be sent to Dr B - Witness C alleged he said he would not use Dr B anymore, rather than ensuring that Dr B ceased to be medical practitioner approved for examining Police recruits - In 2003 applicant made criminal complaint to Police about Dr B's conduct and discovered that Dr B was still examining Police recruits - Instructed Police Association to raise personal grievance on her behalf - Respondent alleged grievance not raised within 90 days - That argument begged question of which event triggered grievance and crystallised employment relationship problem - If grievance was realisation that Dr B was still examining Police recruits then notification to respondent could not be said to be out of time - However, email which raised grievance did not give respondent sufficient information about nature of grievance to enable it to address it - Grievance not raised within meaning of the law - Applicant raised in closing submissions that there were exceptional circumstances upon which Authority could grant leave to raise grievance out of time - Authority accepted this as an application to raise grievance out of time - Respondent needed to be provided with proper opportunity to make submissions on this issue - Order prohibiting publication of names of applicant, Dr B, Witness C, and any information that could lead to identification including town/city in which Dr B practiced" |