| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 13/07 |
| Hearing date | 17 Jan 2007 |
| Determination date | 22 January 2007 |
| Member | R Arthur |
| Representation | K Kumar (Applicant in Person) ; A Radich |
| Location | Auckland |
| Parties | Kumar v New Zealand Automobile Association Inc. |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 day period – Applicant claimed raised grievance at dismissal meeting - On balance of probabilities more likely than not applicant made no reference to raising grievance at meeting - Consistent with fact sought advice from union about prospects of success - Also claimed grievance raised in letter to Mediation Service requesting mediation and referring to unjustified dismissal – Respondent contacted by Mediation Service (MS") after 90 day period expired - Applicant had clear obligation under employment agreement to raise grievance with respondent himself - MS does not act as representative of any party to an employment relationship problem – While carrying out statutory duties, MS may communicate information between parties, but that does not extend to notifying grievances - Applicant misunderstood requirement of employment agreement and law - Grievance not properly raised through letter – No exceptional circumstances - Vehicle testing officer" |
| Result | Application dismissed ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114(1), ERA s114(4), ERA s115 |
| Number of Pages | 4 |
| PDF File Link: | aa 13_07.pdf [pdf 62 KB] |