| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 121/06 |
| Hearing date | 9 Mar 2006 |
| Determination date | 10 April 2006 |
| Member | K J Anderson |
| Representation | LBM Dawson (in person) ; M Hammond |
| Location | Auckland |
| Parties | Dawson v Te Wananga O Aotearoa |
| Summary | RAISING PERSONAL GRIEVANCE - Alleged unjustified dismissal - Whether personal grievance raised within 90 day timeframe - Applicant made redundant - After termination of employment became aware respondent advertised position that applicant believed was substantially similar to position she held - Raised personal grievance but more than 90 days after termination - Action applicant alleged to be personal grievance only came to her notice when she discovered position advertised and compared job requirements with old role - Respondent submitted that advertisement at some time in future of position that may or may not be same as previously held by applicant could not be grounds for personal grievance as organisation's circumstances can change - Authority accepted that in 90 day" setting there must be some limit on what is reasonable as to when employee becomes aware of possible grievance - However, in circumstances entirely reasonable to conclude applicant was type of person "came to notice of employee" intended to encompass - Applicant raised personal grievance within 90 days of respondent's action of advertising allegedly similar position - Applicant entitled to argue substantive matter at future investigation - Placement Liaison Coordinator/Lecturer" |
| Result | Application granted ; No order for costs |
| Statutes | ERA s114;ERA s114(1);ERA s114(5) |
| Number of Pages | 3 |
| PDF File Link: | aa 121_06.pdf [pdf 16 KB] |