| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 335/06 |
| Hearing date | 19 Oct 2005 |
| Determination date | 03 November 2006 |
| Member | V Campbell |
| Representation | A Hope ; A Scott-Howman |
| Location | Auckland |
| Parties | Van Der Zwan v Royal New Zealand Plunket Society |
| Summary | RAISING PERSONAL GRIEVANCE - Whether personal grievance raised within 90 days - Letter of dismissal set out applicant's entitlement to submit personal grievance - First notification of personal grievance was letter from applicant's lawyer two weeks after dismissal that contained general indication of personal grievance and promised more particulars - First letter did not provide sufficient information to allow respondent to respond - Respondent requested particulars be provided within 90 day period - Particulars not provided for 10 months - Applicant claimed lawyer's letter was culmination of series of interactions, including mediation, prior to dismissal and that respondent fully aware of facts giving rise to grievance - Previous interactions were to determine disciplinary action to be taken against applicant, not in nature of resolving personal grievance - Grievance not raised within 90 days |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114 |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;Goodall v Marigny (NZ) Ltd [2000] 2 ERNZ 60 |
| Number of Pages | 5 |
| PDF File Link: | aa 335_06.pdf [pdf 33 KB] |