| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 117/07 |
| Hearing date | 22 Aug 2007 |
| Determination date | 22 August 2007 |
| Member | P R Stapp |
| Representation | S LePage ; G Phillips |
| Location | Wellington |
| Parties | Temby v ACC |
| Summary | RAISING PERSONAL GRIEVANCE – Respondent argued applicant out of time in terms of 90 day requirement to raise grievance and 3 year requirement to file in Authority – Applicant claimed some issues previously discussed with different people at respondent – Authority found negotiation of terms different matter to raising personal grievance – Found discussions at time fell short of requirement to raise grievance as too vague to have “raised or submitted” personal grievance under both Employment Relations Act 2000 and Employment Contracts Act 1991 – Many of applicant’s claims raised for first time in statement of problem - No evidence that applicant raised these issues within 90 days – Authority found claims outside 90 day requirement – Applicant claimed exceptional circumstances as suffered two serious injuries – Authority found applicant could have raised one grievance before first accident – Authority not satisfied that injuries and consequences of injuries on applicant caused delay in raising grievance – No exceptional circumstances – Regardless, leave would prejudice respondent as unable to locate witnesses and recall events – Authority found no jurisdiction to consider complaints about ACC in its role under “partnership programme” concerning applicant’s rehabilitation – Application dismissed – Branch Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(6);Employment Contracts Act 1991 |
| Number of Pages | 6 |
| PDF File Link: | wa 117_07.pdf [pdf 34 KB] |