| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78/09 |
| Determination date | 10 June 2009 |
| Member | P Cheyne |
| Representation | P McDonald ; R Thompson |
| Location | Christchurch |
| Parties | Painter v Canstaff Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Constructive dismissal – Unjustified disadvantage – Applicant signed employment agreement (“EA”) specifying work hours and wage rate – Applicant claimed arrears of wages over four month period – Applicant resigned raising arrears of wages issue – Applicant subsequently invited respondent to mediation – No response received - Two months later applicant lodged statement of problem (“SOP”) claiming “non payment of wages” – Four months later applicant lodged amended SOP claiming constructive dismissal and unjustified disadvantage – Respondent claimed dismissal and disadvantage grievances not raised within 90 days – Applicant argued first SOP sufficiently raised grievances within time – Authority found constructive dismissal not raised within time – Found applicant’s exchanges with respondent raised arrears of wages not dissatisfaction with termination of employment – Found no exceptional circumstance and not just to grant leave to raise constructive dismissal out of time – Applicant an immigrant and claimed lack of knowledge about New Zealand law – Found ignorance of law not exceptional circumstance and EA specified time limit for grievance - Leave declined - Found “non-payment of wages” may constitute disadvantage therefore disadvantage raised within time – Application partially granted – Carpenter/Builder |
| Result | Application partially granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s103(1);ERA s115;ERA s160(3) |
| Number of Pages | 4 |
| PDF File Link: | ca 78_09.pdf [pdf 21 KB] |