| Summary |
RAISING PERSONAL GRIEVANCE – Respondent argued grievance raised out of time - Applicant lodged first Statement of Problem claiming constructive dismissal and identifying two respondents, Coverstaff (“C”) and “T” – T’s Statement in Reply denied applicant employee – Applicant lodged amended Statement of Problem identifying Coverstaff International Limited (“CIL”) as sole respondent and amending grievance to unjustified disadvantage – Applicant also lodged Statement of Discontinuance regarding first application – CIL argued grievance raised outside 90 day period so leave to raise grievance required – Applicant submitted Amended Statement of Problem simply rephrased and defined original claim more precisely, and action arose from same facts – Authority found in effect applicant discontinued action for constructive dismissal against C and T and continued claim of unjustifiable action against CIL alone – Authority found circumstances of matter did not involve lodging of additional grievance than previously placed before Authority – Found grievance was in substitution of more serious claim of unjustifiable dismissal – Found employment arrangements clarified and grievance redefined – Leave to raise grievance not required |