| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 257/08 |
| Determination date | 17 July 2008 |
| Member | D King |
| Representation | P Sullivan ; S Turner |
| Location | Auckland |
| Parties | Taylor v Land Transport New Zealand |
| Summary | RAISING PERSONAL GRIEVANCE – Respondent argued disadvantage and dismissal grievances not raised within 90 day limit – Applicant claimed grievances came to applicant’s notice after met to discuss concerns – Respondent argued grievances came to applicant’s notice when events complained of occurred – Authority found term “came to notice of” intended to cover situations where employee subsequently discovers information to which not previously privy, so regards past events in different light – Found nothing new arose at meeting – Found came to applicant’s notice at time events occurred – Found applicant raised concerns and complaints, but communications not sufficiently clear to alert respondent of grievances - Found grievances not raised in time – Applicant sought leave to raise grievances out of time – Found no evidence of applicant instructing counsel to raise grievance – Found no explanation for lengthy delay – Found unjust to grant leave anyway, due to length of delay and prejudice to respondent – No exceptional circumstances |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(3);ERA s115(b) |
| Cases Cited | Drayton v Foodstuffs (South Island) Ltd [1995] 2 ERNZ 523;Royal Puna & Anor v Haulage Transport Ltd unreported, J Crichton, 14 Feb 2008, WA 18/08 |
| Number of Pages | 8 |
| PDF File Link: | aa 257_08.pdf [pdf 35 KB] |