| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 436/08 |
| Hearing date | 3 Dec 2008 |
| Determination date | 22 December 2008 |
| Member | V Campbell |
| Representation | C Speksnijder ; P Dawson |
| Location | Auckland |
| Parties | Ingley v Te Awamutu Residential Trust |
| Summary | RAISING PERSONAL GRIEVANCE - Application to raise grievances out of time - Respondent did not consent to grievances being raised out of time - Applicant claimed suffered unjustified disadvantage - Claimed respondent’s conduct caused her to decline redeployment option following restructuring making dismissal for redundancy a constructive dismissal - During and after restructuring applicant diagnosed with breast cancer and had mastectomy surgery followed by chemotherapy - Concurrently with cancer treatment applicant’s son hospitalised after serious car accident - Following redundancy applicant contacted employment advocate - Authority satisfied applicant instructed advocate to raise personal grievance - Found advocate failed to carry out instructions - Found given applicant’s situation, took reasonable steps to follow up with advocate - Found exceptional circumstances - Found unreasonable failure by advocate to ensure applicant’s grievance raised within 90 day period caused delay in raising grievance - Found disadvantage to applicant in not having grievance investigated outweighed any prejudice to respondent - Leave granted to raise grievance out of time - Parties directed to mediation |
| Result | Application granted ; Orders accordingly ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(4);ERA s114(5);ERA s115;ERA s115(b) |
| Number of Pages | 5 |
| PDF File Link: | aa 436_08.pdf [pdf 30 KB] |