Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 135/07
Hearing date 17 May 2007
Determination date 12 November 2007
Member P Montgomery
Representation S Thomas ; M Kirk
Location Nelson
Parties Clark v Nelson Marlborough Institute of Technology
Summary RAISING PERSONAL GRIEVANCE - Whether letter from applicant raised personal grievance - Wrote to respondent's HR manager asking to be removed from probation and given pay rise - Commented in letter that preferred to have matter resolved informally but if it was not, believed she had strong grounds for personal grievance - No doubt applicant raising problem with employer and asking it be addressed - Applicant had plain language explanation of employment relationship problem resolution processes - Highly probable that, aware of formal process of raising personal grievance, applicant opted for more informal method of problem solving, while clearly indicating could invoke alternative process - Did not mention employment relationship problems when resigned - Applicant raised employment relationship problem relating to remuneration with respondent but elected, at that time, not to raise a formal personal grievance - First definitive indication that personal grievance being formally raised came in letter from solicitor well outside 90 day period - Application for leave required if applicant wished to pursue personal grievance
Result Application dismissed ; Costs reserved
Main Category Raising PG
Statutes ERA s114(3)
Number of Pages 4
PDF File Link: ca 135_07.pdf [pdf 27 KB]