| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 214/07 |
| Hearing date | 26 Jun 2007 |
| Determination date | 23 July 2007 |
| Member | V Campbell |
| Representation | H Koia ; A Scott-Howman |
| Location | Hamilton |
| Parties | van der Zwan v Plunket |
| Summary | RAISING PERSONAL GRIEVANCE - Application for leave to raise personal grievance out of time - Earlier determination found grievance not raised within 90 days - Respondent argued matter res judicata and proceedings should be struck out - Whether applicant estopped from having application granted - Authority not convinced present proceedings identical to issue previously determined - Earlier matter considered only whether grievance raised within 90 day period - No application for leave before Authority at that time - Current applicant next logical step in process provided in Employment Relations Act 2000 - Authority satisfied applicant instructed solicitor to raise grievance with respondent - Solicitor unreasonably failed to ensure this happened within required time frame - While some inordinate delays pursuing matter, applicant at all times intent on pursuing her grievances - Respondent on notice from soon after dismissal applicant intended to challenge dismissal - Open to respondent to request statements from staff intending to leave organisation and record contact details - Authority unable to make assessment of relative merits of parties' claims - Disadvantage to applicant in not having grievance investigated outweighed any prejudice to respondent - Leave to raise grievance out of time granted - Parties directed to mediation |
| Result | Application granted ; Orders accordingly ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(4);ERA s114(5);ERA s115;ERA s115(b) |
| Cases Cited | Clark v Nelson Marlborough District Health Board [2002] 2 ERNZ 483;Reid v Fire Service Commission (No2) [1998] 3 ERNZ 1237;Shiels v Blakeley [1986] 2 NZLR 262;Van Der Zwan v Royal New Zealand Plunket Society unreported, V Campbell, 3 November 2006, AA 335/06;Waugh v Commissioner of Police [2003] 1 ERNZ 236 |
| Number of Pages | 6 |
| PDF File Link: | aa 214_07.pdf [pdf 37 KB] |