| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152/09 |
| Hearing date | 11 May 2009 |
| Determination date | 13 May 2009 |
| Member | A Dumbleton |
| Representation | H Manuel (in person) ; D Barlow |
| Location | Auckland |
| Parties | Manuel v Tyco New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Respondent did not consent to grievance being raised out of time and opposed leave application – Applicant claimed dismissed for using offensive language during telephone conversation with co-worker – Applicant told behaviour amounted to serious misconduct breaching respondent’s ethics code and policy – Applicant claimed agent (“N”) unreasonably failed to raise grievance in time – Applicant claimed N failed to raise grievance as instructed and deliberately misled applicant as to actions – Authority found N failed to attend investigation meeting and made no further contact with Authority – Authority found applicant made reasonable arrangements to raise grievance through N – Authority found email from applicant’s partner to respondent gave more than an inkling applicant wished to challenge grievance – Authority found M difficult to contact and misled applicant on what action being taken – Authority found exceptional circumstances – Applicant accepted if grievance claim successful likely to remedies reduced for contributory conduct – Authority found merits of applicant’s grievance at least arguable – Found delay in raising grievance not prejudicial to respondent – Found also just to grant leave to raise grievance out of time |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(3);ERA s115;ERA s115(b);ERA s114(5) |
| Number of Pages | 4 |
| PDF File Link: | aa 152_09.pdf [pdf 15 KB] |