| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 410/08 |
| Determination date | 04 December 2008 |
| Member | A Dumbleton |
| Representation | M Ryan ; P Dawson |
| Location | Auckland |
| Parties | Lomas v The Order of St John Midland Regional Trust Board |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 day period – Applicant claimed letter alleging Manager’s (“X”) serious misconduct raised disadvantage – Applicant’s solicitor raised disadvantage few weeks later – Respondent suspended X – Applicant resigned claiming respondent failed to address health and safety concerns – X dismissed after applicant’s resignation – Authority found letter sufficiently raised disadvantage to met s114(2) Employment Relations Act (“ERA”) – Found respondent consented to raising of disadvantage when discussed matters with applicant – Authority found resignation sufficiently raised constructive unjustified dismissal to met s114(2) ERA – Found parties aware alleged breach of duty reason for resignation – Ambulance Officer |
| Result | Application granted |
| Main Category | Raising PG |
| Statutes | ERA s114(2) |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;The Board of Trustees of Te Kura Kaupapa Motuhakeo Tawhiuau v Edmonds unreported, 16 May 2008, AC14/08 |
| Number of Pages | 7 |
| PDF File Link: | aa 410_08.pdf [pdf 35 KB] |