| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 129/08 |
| Hearing date | 26 Mar 2008 - 3 Apr 2008 (2 days) |
| Determination date | 03 April 2008 |
| Member | A Dumbleton |
| Representation | R Beatson (in person) ; M Richards |
| Location | Auckland |
| Parties | Beatson v Chief Executive of the Department of Corrections |
| Summary | RAISING PERSONAL GRIEVANCE – Application for leave to raise grievance out of time – Applicant suffered illness at end of 2001 and took sick leave for 20 months – Applicant signed medical retirement agreement (“MRA”) in 2003 – MRA contained express terms that employment to terminate by way of “medical retirement” and to be full and final settlement of all claims – Applicant recovered from illness in mid 2006 and sought reinstatement – Respondent argued because applicant took MRA reinstatement not an option – Applicant wrote to respondent alleging constructive dismissal, however, no application made to Authority between September 2006 and January 2008 – Authority found clear that applicant’s employment with respondent did not continue after execution of MRA – Authority found applicant now sought investigation of grievance 4 years after termination – Authority found grievance not yet raised and until done, 3 year time limit did not apply – Parties agreed case properly dealt with as an application under s114 Employment Relations Act 2000 (“ERA”) – Authority not satisfied applicant so affected or traumatised that unable to properly consider raising grievance within 90 days following termination – Found execution of MRA on favourable terms evidence that capable of giving thought to future and welfare – Authority also found would be unjust to set aside MRA – Found when consent to raise grievance not given, applicant did nothing for further 16 months before application to Authority – Authority found policy intent of s114(6) ERA plain – Found not just to allow challenge against consensus apparent in formation of MRA – Authority concluded no exceptional circumstances to raise grievance out of time – Probation officer |
| Result | Application dismissed ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s123;ERA s115;ERA s115(a);ERA s114(4);ERA s114(6);ERA s114;ERA s219 |
| Number of Pages | 6 |
| PDF File Link: | aa 129_08.pdf [pdf 24 KB] |