| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 141/09 |
| Hearing date | 21 Apr 2009 |
| Determination date | 05 May 2009 |
| Member | M Urlich |
| Representation | R Poole ; A Toohey |
| Location | Auckland |
| Parties | Johns v Versatile Buildings Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Authority found respondent was applicant’s employer – RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Matter determined on the papers – Respondent argued first heard of grievance claim when applicant filed statement of problem with Authority – Argued applicant’s claim outside 90 day period and no exceptional circumstances – Authority found applicant’s email to manager not sufficient to raise grievance – Found respondent not on notice of grievance to be addressed – Applicant claimed respondent knew was raising personal grievance when gave evidence at co-worker’s investigation meeting – Authority found applicant had stated not sure whether pursuing personal grievance – Found if applicant had no intention to pursue personal grievance then respondent could not have known intention at time – Leave to raise grievance out of time declined |
| Result | Application declined ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);ERA s115(1)(c) |
| 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 |
| Number of Pages | 5 |
| PDF File Link: | aa 141_09.pdf [pdf 23 KB] |