| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 343/08 |
| Determination date | 30 September 2008 |
| Member | M Urlich |
| Representation | G Stone ; A Drake |
| Location | Auckland |
| Parties | Kiwikiwi v Maori Television Service |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant claimed unjustified dismissal personal grievance raised in time as respondent aware of grievance - In alternative, leave to raise grievance out of time should be granted because delay caused by respondent - Respondent claimed first became aware of grievance when proceedings lodged in Authority - Claimed delay not occasioned by exceptional circumstances - Authority found applicant raised unjustified disadvantage grievance - Found unjustified disadvantage grievance distinct from unjustified dismissal grievance - Found unjustified dismissal personal grievance not raised within 90 days - Applicant relied on exceptional circumstance of employment agreement (EA") not containing explanation of employment relationship problems resolution - Authority found applicant’s EA did not contain explanation of employment relationship problem resolution - However, found applicant still able to raise unjustified disadvantage grievance so must have had knowledge of process - Found delay in raising grievance weighed against granting leave - Found no exceptional circumstances - Application dismissed - Teleprompter" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s65;ERA s115(c) |
| Number of Pages | 3 |
| PDF File Link: | aa 343_08.pdf [pdf 16 KB] |