| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 295/08 |
| Hearing date | 22 May 2008 - 4 Jun 2008 (2 days) |
| Determination date | 18 August 2008 |
| Member | J Wilson |
| Representation | F Pettersen (in person) ; A Drake |
| Location | Auckland |
| Parties | Pettersen v The Salvation Army |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed unjustifiably dismissed for serious misconduct for errors in administering medication – Also claimed respondent gave vindictive verbal references to prevent applicant from gaining employment – Respondent denied claims and argued grievance raised 12 months after dismissal, so outside 90 day period – Applicant claimed not aware of difficulties in gaining new employment until outside 90 day period – Authority found reference claim could not give rise to personal grievance as related to actions taking place after employment relationship terminated – Found only dismissal claim could constitute grievance – Found applicant gave no indication to respondent within 90 day period that believed had any grievance against respondent – Found when applicant did raise concerns, was about references to prospective employers only – Found respondent did not consent to applicant raising grievance out of time – Found applicant not applied for leave to Authority to raise grievance out of time – Found applicant unable to pursue claims in Authority – COSTS – Applicant sickness beneficiary and unable to meet even modest costs award – No order for costs |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Raising PG |
| Statutes | ERA s114(3) |
| Number of Pages | 8 |
| PDF File Link: | aa 295_08.pdf [pdf 29 KB] |