| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 108/06 |
| Hearing date | 19 Jul 2006 |
| Determination date | 21 July 2006 |
| Member | G J Wood |
| Representation | D Oliver ; M Lawson |
| Location | Napier |
| Parties | Rarere v Electrotech Controls Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant's concerns presented to Managing Director (MD") in written statement - MD asked whether raising personal grievance but received no reply - Employer raising direct question in those circumstances entitled to direct response - Requests overrode possibility of written concerns constituting raising of grievances in and of themselves - Respondent entitled to conclude concerns not raised as grievances in absence of positive response - All claims out of time - Section 122 Employment Relations Act 2000 ("ERA") did not apply to grievances not raised in time - Section 160(3) ERA of general application and interpreted as subordinate to more specific provisions - Could not override specific requirements of s114 ERA - Respondent had reserved right to pursue 90 day issue - No consent to raising grievances out of time - Whether exceptional circumstances - No exceptional circumstances for sexual harassment and discrimination claims - Applicant made reasonable arrangements to have disadvantage and dismissal grievances raised on her behalf - Advocate unreasonably failed to ensure raised in time - New representatives raised grievances two months later - Exceptional circumstances over dismissal grievance continued as applicant acted reasonably in obtaining new representation - As subject matter of dismissal grievance contained in letter recourse could be had to s122 ERA - Authority could determine disadvantage grievance as dismissal grievance - Delay in raising disadvantage and dismissal grievances occasioned by exceptional circumstances - Just to grant leave as applicant had genuine concerns about how employment ended, delays not particularly significant and no evidence of prejudice to respondent in having to defend claims - Failings primarily those of advocate - Implicit in s115(b) ERA applicant should not be disadvantaged by that - Leave to raise grievances out of time granted - Electrical apprentice" |
| Result | Application granted in part ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s66;ERA s114;ERA s114(2);ERA s115(b);ERA s122;ERA s160(3) |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;Houston v Barker (t/a Salon Gaynor) [1992] 3 ERNZ 469;Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83 |
| Number of Pages | 9 |
| PDF File Link: | wa 108_06.pdf [pdf 43 KB] |