| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 252/08 |
| Hearing date | 14 Apr 2008 |
| Determination date | 16 July 2008 |
| Member | D King |
| Representation | D Feist ; N Jones |
| Location | Auckland |
| Parties | Butcher v New Zealand Post Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances notified within 90 day period – Applicant filed constructive dismissal grievance relating to resignation occurring eight months prior – At hearing, applicant sought to include other grievances not previously filed in Authority – Applicant claimed notified respondent of grievances relating to demotion, redundancy and redundancy compensation several years before resignation – Authority found actions “came to the notice of” applicant several years ago - Found applicant’s letters and emails not sufficiently clear to alert respondent that raising grievance – Applicant claimed exceptional circumstances required granting of leave to raise grievance out of time – Claimed clinically depressed at time of alleged constructive dismissal – Medical opinion that applicant not in fit state to make decisions at time – Authority found applicant’s health improved and applicant obtained alternative employment – Found not so affected or traumatised by dismissal that unable to properly consider raising grievance for most, if not all, of 90 day period – No evidence that applicant suffering ill health at time of earlier grievances – Application dismissed - Length of service 35 years – Team Leader |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s115 |
| Cases Cited | Drayton v Foodstuffs (south island) Ltd [1995] 2 ERNZ 523;Runa and Rakaraku v Haulage Transport Ltd (unreported, 13 February 2008, WA 18/08);Telecom NZ Limited v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 6 |
| PDF File Link: | aa 252_08.pdf [pdf 31 KB] |