| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 293/07 |
| Hearing date | 26 Jul 2007 |
| Determination date | 24 September 2007 |
| Member | J Scott |
| Representation | T Oldfield ; P Akbar |
| Location | Auckland |
| Parties | Hill v Methodist Mission Northern |
| Summary | PRACTICE AND PROCEDURE - Whether grievance raised within 90 days - Respondent alleged letter relied on by applicant insufficient to raise dismissal grievance - Letter referred to unjustified disadvantage not unjustified dismissal - Applicant submitted grievance also raised by way of earlier oral protest - Alternatively argued grievance could be raised by considering series of communications - Applicant made respondent aware of allegation of unjustified dismissal within time limit - Grievance raised in person at meeting as representative advised why applicant disputed respondent’s decision and stated would go to mediation or “Employment Tribunal” - Despite referring to unjustified disadvantage, letter stated grievance related to termination of employment - In entirety, sufficient to raise dismissal grievance - Individually and together, communication at meeting and subsequent letter made respondent aware applicant alleged unjustifiably dismissed and wanted grievance addressed - Grievance raised within time - Manager |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(1);ERA s114(2);ERA s114(3) |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;Fallon v Barnardos New Zealand Inc unreported, D Asher, 31 March 2006, WA 51/06;Houston v Baakar (t/a Salon Gayner) [1992] 3 ERNZ 469;Liumaihetau v Altherm East Auckland Ltd [1994] 1 ERNZ 958;Poverty Bay Electric Power Board v Atkinson [1992] 2 ERNZ 413;Ruebe-Donaldson v Sky Network Television (No.1) [2004] 2 ERNZ 83;Van der Zwan and Royal New Zealand Plunket Society unreported, V Campbell, 3 November 2006, AA 335/06;Winstone Wallboards v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 10 |
| PDF File Link: | aa 293_07.pdf [pdf 46 KB] |