| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 181/06 |
| Hearing date | 9 Nov 2006 |
| Determination date | 21 December 2006 |
| Member | G J Wood |
| Representation | T Petherick ; G Tayler |
| Location | Napier |
| Parties | Osborne v J A Ramsay Transport Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant alleged constructive dismissal - No written employment agreement - Respondent belatedly offered written agreement - Applicant declined to sign, rightly noting it contained three month probationary period even though already employed longer than that - Applicant alleged raised grievance in letter to respondent - Respondent denied receiving letter - Objected to application for leave to raise grievance out of time and proceeded under protest to jurisdiction - Significant alleged letter not referred to in statement of problem and never referred to until 90-day issue raised - On balance of probabilities, more likely than not letter not sent - Other scenarios did not explain why no follow up action taken - Applicant submitted exceptional circumstances existed based on poor health and ignorance of law - Ignorance of law could not apply as applicant took legal advice very soon after resigned - No medical evidence to support claim unable to properly consider raising grievance - In any event, applicant's evidence sent letter and took advice negated exceptional circumstances claim - In event Authority wrong, would find no constructive dismissal - Two issues better dealt with as arrears claim - Other claims not cause of applicant's resignation - ARREARS OF WAGES - Applicant to be paid for four trips - Wages due and owing - Driver |
| Result | Application dismissed (Personal grievance) ; Application granted (Arrears) ; Arrears of wages ($162) ; Costs reserved |
| Statutes | Land Transport Act 1998 |
| Number of Pages | 13 |
| PDF File Link: | wa 181_06.pdf [pdf 47 KB] |