| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 187/07 |
| Determination date | 21 June 2007 |
| Member | L Robinson |
| Representation | P Stott (in person) ; P Tremewan |
| Location | Auckland |
| Parties | Stott v Redvale Canine Centre Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant wrote two letters to respondent requesting written statement of dismissal and raising personal grievance – Letters incorrectly addressed and not received – Third letter received outside 90 day period – Section 114(2) Employment Relations Act 2000 proceeded on basis employer made “aware” of alleged grievance – Authority termed awareness “notice” of specific grievance – “Notice” preferred rather than “knowledge” – Notice could be actual or constructive – Presumption necessary and desirable where alleged grievant had done what could reasonably be expected of them to convey notice to employer – As matter of policy, constructive notice permitted, for to deny it would be to licence wilful blindness by unprincipled employer – 90 day period directed at facilitating resolution as near as possible to problem – However, preservation of substantive legal rights and entitlement to pursue them expressly contemplated by s114 – Which deemed reasonable steps" as a "raised" personal grievance – Alleged grievant should be permitted to run grievance as of right if could show reasonable steps taken in 90 days to fix employer with notice – Accepted taking reasonable steps in particular circumstances may be equivalent to actually raising grievance, irrespective of receipt – In equity and good conscience, preservation of entitlement to pursue grievance prevailed over any consideration directed at ensuring problems resolved expeditiously – Whether actions taken within 90 day period relevant, not whether employer received notice – Section 114 framed only in terms of employee’s actions – Authority satisfied applicant took genuine and reasonable steps to make respondent aware of alleged grievance – No compelling reason to deny entitlement to pursue legal rights – Grievance raised within 90 days - Kennel manager" |
| Result | Application granted; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Cases Cited | Warren v Xpressions Fashion Clothing Ltd, Unreported, G Woods, 30 August 2005, WA 139/05 |
| Number of Pages | 7 |
| PDF File Link: | aa 187_07.pdf [pdf 27 KB] |