| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 135/08 |
| Hearing date | 27 Mar 2008 |
| Determination date | 10 April 2008 |
| Member | R A Monaghan |
| Representation | R Ram (in person) ; M McGowan |
| Location | Auckland |
| Parties | Ram v Vehicle Inspection New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 day period - Applicant dismissed following complaints passed for certification vehicles should not have passed, in breach of Land Transport rules - Applicant did not dispute breaches but claimed pressured to check more vehicles than able to - Claimed bullied and abused regarding speed of work and had raised concerns with respondent - Applicant claimed raising concerns again at disciplinary meeting amounted to raising grievance - Authority found manner in which grievance raised did not meet required standard - Concerns did not amount to more than complaints or explanations and not indicative of grievance because of grounds in s103 Employment Relations Act 2000 - Found grievance not raised within 90 days - Authority satisfied applicant suffered degree of depression caused by dismissal but not persuaded so affected or traumatised unable to properly consider raising grievance - Found applicant did consider matter and decided to wait until felt better to pursue grievance - Employment agreement contained provision giving time limit for raising grievance and explanation of procedure for resolving employment relationship problems - No exceptional circumstances - Leave to raise grievance out of time declined - Motor vehicle inspector |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ECA;ERA s114;ERA s114(1);ERA s114(4);ERA s115;ERA s115(c) |
| Cases Cited | Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 5 |
| PDF File Link: | aa 135_08.pdf [pdf 21 KB] |