| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 80/08 |
| Hearing date | 15 May 2008 |
| Determination date | 11 June 2008 |
| Member | G J Wood |
| Representation | R Buchanan ; N Lucie-Smith, J Holden |
| Location | Wellington |
| Parties | Fairbrass v The Chief of Defence Force |
| Summary | RAISING PERSONAL GRIEVANCE - Application to raise personal grievances out of time - Dispute whether applicant failed to raise unjustified disadvantage grievance within time - No dispute applicant failed to raise unjustified dismissal grievance in time - Whether exceptional circumstances - Applicant took period of sick leave for workplace stress - Respondent did not accept ill health consequence of workplace stress - Parties failed to reach agreement on applicant’s return to work - Applicant subsequently dismissed for incapacity - Applicant claimed unjustified disadvantage personal grievance claim raised within 90 days - Claimed doctor’s report setting out medical condition and causes of it gave respondent notice of personal grievance - Respondent considered never notified of personal grievance - Applicant not represented by doctor in employment relationship problem - Medical report could not constitute raising of personal grievance - Applicant initially represented by New Zealand Public Service Association but never instructed them to raise grievance on his behalf - Authority found personal grievance not raised within 90 day period - Accepted applicant depressed but not so affected as to be unable to properly consider raising grievance - Applicant able to write to respondent, get medical assistance, and gain union representation - No exceptional circumstances - Application for leave to raise grievance out of time declined - Personal grievance for unjustified dismissal raised 91 days after applicant dismissed - Although statement very brief, given background circumstances, constituted proper raising of grievance - Applicant made reasonable arrangements to have grievance raised by new representative - Representative unreasonably failed to ensure grievance raised in time - Exceptional circumstances for failure to raise grievance within 90 days existed - No demonstrated prejudice to respondent if leave granted - Application for leave to raise grievance out of time granted - Parties directed to mediation - COSTS - Appropriate case to award costs in respondent’s favour - Applicant to pay respondent $1,200 - Accommodation manager |
| Result | Application granted (unjustified dismissal grievance) ; Application dismissed (unjustified disadvantage grievance) ; Parties directed to mediation ; Costs in favour of respondent ($1,200) |
| Main Category | Raising PG |
| Statutes | ERA s114(5) |
| Cases Cited | Board of Trustees of Te Kura Kaupapa Motuhake o Tawhiuau v Edmonds [2008] ERNZ 139;Creedy v Commissioner of Police [2006] ERNZ 517;Creedy v Commissioner of Police [2008] ERNZ 109;Goodall v Marigny (NZ) Ltd [2000] 2 ERNZ 60;Ruebe-Donaldson v Sky Network Television Ltd (No 1) [2004] 2 ERNZ 83;Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 (CA) |
| Number of Pages | 8 |
| PDF File Link: | wa 80_08.pdf [pdf 33 KB] |