| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 261/08 |
| Determination date | 18 July 2008 |
| Member | D King |
| Representation | P Bartlett ; M Beech |
| Location | Auckland |
| Parties | Breeze v Bay of Pleanty District Health Board |
| Summary | PRACTICE AND PROCEDURE - Respondent sought to strike out proceedings - Parties had attended mediation - Respondent claimed applicant acted in bad faith by filing proceedings before further mediation took place - Respondent claimed issuing proceedings designed to circumvent mediation privilege attached to confidential conversations respondent had with certain employees - Applicant claimed no agreement to delay filing proceedings pending further mediation - Authority found whether agreed to mediate further did not affect right to file proceedings - Filing of proceedings not breach of duty of good faith - Parties could still continue to mediate - Application for strike out dismissed - RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Respondent claimed two of applicant’s personal grievance claims time barred - Respondent claimed grievances should have been raised within 90 days of letter from respondent’s chief executive to applicant - Applicant claimed respondent’s claim assumed applicant could have raised grievance regarding anticipated future event - Authority found at most letter foreshadowed future event - Found applicant could not have raised personal grievance at that stage because could not have claimed chief executive’s views were disadvantaging employment - Grievances raised within 90 day period - Doctor |
| Result | Application dismissed (Strike out application) ; Application granted (Raising personal grievance) ; Costs reserved |
| Main Category | Raising PG |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517 |
| Number of Pages | 4 |
| PDF File Link: | aa 261_08.pdf [pdf 26 KB] |