Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 275/09
Hearing date 12 Aug 2009
Determination date 14 August 2009
Member K J Anderson
Representation M Nutsford ; E Tanner
Location Hamilton
Parties Lowe v Matamata Engineering (1986) Ltd
Summary RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant claimed unjustifiable dismissal – Respondent argued applicant not dismissed but gave verbal notice of intention to resign – Applicant wrote to respondent raising personal grievance – Respondent did not receive letter until 91 days – Authority found letter delivered within 90 day time frame but letter not collected by respondent until 91 days – Found applicant allowed access to dispute resolution mechanisms rather than adherence to rigid formal procedures – Leave granted to raise grievance – Parties voluntarily went to mediation and entered record of settlement – No further involvement of Authority required
Result Application granted ; Parties directed to mediation ; Costs reserved
Main Category Raising PG
Statutes ERA s101;ERA s114;ERA s114(1)
Cases Cited Board of Trustees of Te Kura Motuhake o Ta Tawhiuau [2008] ERNZ 139
Number of Pages 5
PDF File Link: aa 275_09.pdf [pdf 22 KB]