| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 29/08 |
| Hearing date | 4 Dec 2007 - 5 Dec 2007 (2 days) |
| Determination date | 31 March 2008 |
| Member | J Crichton |
| Representation | J A Burney ; K Thompson |
| Location | Christchurch |
| Parties | Hunt v Air New Zealand Ltd |
| Summary | JURISDICTION – Respondent resisted personal grievance and arrears claim on basis related to applicant’s dealings with ACC - Submitted Authority lacked jurisdiction - Respondent an accredited employer and provided accident compensation entitlements to employees as agent of ACC – Essentially applicant’s complaints were problems with ACC agent, not employment relationship problems, even though employer was agent – Authority prohibited by Injury Prevention, Rehabilitation and Compensation Act 2001 from inquiring into matters within ACC domain – With one exception, Authority had no jurisdiction – Authority able to hear complaint about behaviour of respondent’s HR adviser – RAISING PERSONAL GRIEVANCE – Grievance notified to respondent concerned only ACC matters and did not raise HR manager’s comments – Also raised out of time – No valid personal grievance raised – In any event, HR manager had clarified position when applicant expressed anxiety and made it clear frustration of contract did not apply to applicant at that time – Application dismissed - Storeman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s161;Injury Prevention, Rehabilitation and Compensation Act 2001 s133(5);Injury Prevention, Rehabilitation and Compensation Act 2001 s182 |
| Number of Pages | 10 |
| PDF File Link: | ca 29_08.pdf [pdf 34 KB] |