| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 401/07 |
| Hearing date | 31 Oct 2007 |
| Determination date | 19 December 2007 |
| Member | J Scott |
| Representation | T Oldfield ; S McKenna |
| Location | Rotorua |
| Parties | Edmonds v Te Kura Kaupapa Motuhake O Tawhiuau |
| Summary | PRACTICE AND PROCEDURE - Applicant sought declaration personal grievance raised by union representative - Respondent’s representative claimed he asked for further details during initial phone call as did not understand nature of complaint - On receipt of writing submission respondent agreed to mediation but considered nature of grievance still not appropriately set out - Authority satisfied personal grievance raised with sufficient detail during initial phone call - Applicant’s representative had referred to alleged breaches of specific clauses of employment agreement dealing with discipline and dismissal procedures - Sufficient, in itself, to advise respondent that applicant did not think dismissal conducted in accordance with disciplinary procedures - Respondent also argued union not applicant’s properly appointed agent - Authority suggested union provide respondent with copy of authorisation to act for applicant - Leave reserved for respondent to clarify any concerns regarding union’s right to represent applicant |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(1);ERA s114(2);ERA s144(3);ERA s114(4);ERA s115(b);ERA s161 |
| Cases Cited | Christine Coy v Commissioner of Police unreported, Colgan CJ, 19 November 2007, CC 23/07;Creedy v. Commissioner of Police [2006] 1 ERNZ 517;Ruebe-Donaldson v Sky Network Television (No.1) [2004] 2 ERNZ 83 |
| Number of Pages | 10 |
| PDF File Link: | aa 401_07.pdf [pdf 44 KB] |