| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 52/09 |
| Determination date | 17 February 2009 |
| Member | J Wilson |
| Representation | A Hooker ; R Harrison |
| Location | Auckland |
| Parties | Jenkinson v BOT of Bayview Primary School |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant claimed constructively dismissal personal grievance raised within 90 days - Applicant instructed representative (“C”) to send letter raising grievance with respondent shortly after the alleged grievance occurred – Applicant contacted C to follow up on letter one week later – C assured applicant letter sent - Applicant contacted C five months later after no response from respondent or C – C claimed second letter sent – Respondent claimed no letters received and grievance only raised the following year from applicant’s new representative – Authority found on balance of probabilities C did not send letters as instructed and therefore grievance not raised within 90 days – Applicant claimed exceptional circumstance and overall justice favoured granting of leave to raise grievance out of time - Found applicant took reasonable steps to ensure grievance raised within 90 days and entitled to rely on C’s assurances for first 5 months – Found C’s failure to raise grievance unreasonable and therefore exceptional circumstance existed – Found overall justice favoured respondent – Media attention would harm school community, main witness no longer on Board of Trustees and applicant’s claim relatively weak – Found lack of response from respondent should have prompted further enquiry therefore unreasonable for applicant to remain inactive for one year – Leave declined – Principal |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s115(b) |
| Cases Cited | Creedy v The Commissioner of Police [2008] NZSC 31 |
| Number of Pages | 8 |
| PDF File Link: | aa 52_09.pdf [pdf 30 KB] |