| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 148/08 |
| Hearing date | 20 Aug 2008 |
| Determination date | 03 October 2008 |
| Member | H Doyle |
| Representation | R McCabe ; S Dalzell |
| Location | Nelson |
| Parties | Gray v Airways Corporation of New Zealand |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant claimed raised issues about leave, proficiency assessment, and management – Applicant challenged failure of annual proficiency assessment where assessed not-competent – Respondent argued while applicant complained from time to time about workplace matters, complaints did not constitute raising of personal grievances for purposes of s114(1) Employment Relations Act 2000 (“ERA”) – Respondent argued required positive statement of personal grievance where no doubt legal claim in near future – Authority found not required that employee raising personal grievance leave employer in no doubt there is or could be legal claim – Authority found personal grievance to be raised in way required under ERA to enable sufficient awareness of substance of complaint to attempt resolution – Respondent argued leave and performance assessment issues not personal grievances – Authority found leave and performance issues not categorised by applicant when raised with respondent as personal grievances – However, when raised, clear applicant concerned about treatment and conduct of respondent – Found applicant not raising dispute – Authority rejected respondent’s submissions concerns raised by applicant about leave and performance assessments something other than personal grievances – Authority found alleged leave and performance assessment grievances raised within 90 days of actions alleged amounted to personal grievances – Found management and workplace relationship issues also raised in time – Found applicant took reasonable steps to make respondent aware of nature of disadvantage grievances – Authority not satisfied applicant’s exit interview document pulled together earlier alleged unjustified disadvantage grievances to sufficiently raise unjustified constructive dismissal grievance |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(2);ERA s103 |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;Coy v Commissioner of Police unreported, Colgan CJ, 19 November 2007, CC 23/07;Clark v Nelson Marlbourough Institute of Technology unreported, Couch J, 19 August 2008, CC 12/08 |
| Number of Pages | 11 |
| PDF File Link: | ca 148_08.pdf [pdf 46 KB] |