| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 247/09 |
| Hearing date | 9 Jul 2009 |
| Determination date | 27 July 2009 |
| Member | Y S Oldfield |
| Representation | D Hayes ; S Palmer |
| Location | Auckland |
| Parties | Milner v Fonterra Group |
| Summary | RAISING PERSONAL GRIEVANCE – Respondent argued applicant did not raise unjustified dismissal personal grievance within 90 days – Applicant involved in accident at work and admitted to hospital with collapsed lung – Respondent’s private accident compensation provider determined applicant’s problems not result of any accident – Applicant’s medical advisers had noted seemed to be relationship between collapsed lung and jolt to chest from work accident – Insurer re-classified applicant’s injury as work related injury – Applicant claimed dismissed because of medical condition – Authority found grievance not raised in time – Found no evidence applicant instructed union to raise grievance – Authority accepted applicant faced serious health issues – Found difficulties arose as result of work related accident which was not correctly identified – Found exceptional circumstances existed that occasioned delay in raising grievance – Leave granted to raise grievance out of time – Parties directed to mediation – Forklift driver |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(4) |
| Cases Cited | Wyatt v Simpson Grierson [2007] ERNZ 489 |
| Number of Pages | 9 |
| PDF File Link: | aa 247_09.pdf [pdf 28 KB] |