Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 112/08
Determination date 05 August 2008
Member P Montgomery
Representation R Brazil ; B Moskovis
Location Christchurch
Parties Wigmore v Union and Community Health Centre Inc.
Summary RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise personal grievance outside 90 day period – Respondent argued applicant’s union met with respondent two years after resignation – Although aware claim well outside 90 day period, respondent had investigated claims and concluded unfounded – Respondent advised union on without prejudice basis that willing to consider any additional reports from applicant – Letter stated if reports not received by stipulated deadline, respondent would assume applicant not pursuing matter further – Applicant lodged application in Authority four years later – Authority found issue was whether Authority had jurisdiction to grant leave – Found current application lodged in Authority four years after grievance first raised through union – Found s114(6) Employment Relations Act 2000 ERA prevented Authority from considering claim as more than three years passed since grievance raised
Result Application dismissed ; Costs reserved
Main Category Raising PG
Statutes ERA s114(3);ERA s114(6)
Number of Pages 3
PDF File Link: ca 112_08.pdf [pdf 18 KB]