| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 21A/06 |
| Hearing date | 10 May 2006 - 11 May 2006 (2 days) |
| Determination date | 27 June 2006 |
| Member | J Crichton |
| Representation | R Thompson ; R Gibson |
| Location | Christchurch |
| Parties | A v New Zealand Police |
| Summary | RAISING PERSONAL GRIEVANCE - Previous determination decided applicant had not raised personal grievance in time - Application for leave to raise grievance outside 90 day time period - Whether exceptional circumstances generated by trauma - Employer had no obligation to satisfy itself of basis of employee's grievance, even where it knew employee had health problems - Applicant alleged because of health problems she was unable to manage her relationship with the Police Association and unable to satisfy herself that they were doing what she asked - Not persuaded evidence supported applicant's contention - No suggestion applicant was so traumatised at time that she was unable to give proper instructions - Evidence supported contention applicant sat down with Police Association and went through whole case - Also, trauma applicant sought to rely on was only sufficient to prevent her from raising the right grievance, not any grievance - Applicant capable of raising a grievance within time - Only difficulty was that subject matter of grievance was not the basis on which applicant now chose to advance her position - Whether exceptional circumstances by failure of agent - Police Association did not do anything improper in its management of the applicant's grievance - No exceptional circumstances - Authority accepted respondent's submission that evidence in substantive investigation meeting simply did not support contention that had been deceiving and misleading conduct - Order made in previous interim determination prohibiting publication of name of applicant, name of medical practitioner referred to in proceedings, and name of police witness - Also prohibition on publication of any information that may lead to identification of applicant or medical practitioner - Orders to remain in place |
| Result | Application dismissed ; Orders accordingly ; Parties to resolve costs themselves |
| Statutes | ERA s114(3);ERA s114(4);ERA s115(a);ERA s115(b) |
| Number of Pages | 7 |
| PDF File Link: | ca 21a_06.pdf [pdf 39 KB] |