| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 286/09 |
| Hearing date | 17 Aug 2009 |
| Determination date | 18 August 2009 |
| Member | A Dumbleton |
| Representation | D Murray (in person) ; H Gao |
| Location | Auckland |
| Parties | Murray v S & H Lincoln Ltd t/a Sponge Bar |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed unjustified dismissal grievance raised within time – Respondent raised performance issues with applicant at meeting - Applicant advised respondent “getting a lawyer and commencing personal grievance” - Applicant did not return to workplace and later received text message from respondent dismissing applicant – Applicant’s representative sent grievance letter to respondent 98 days after employment ended – Authority found grievance not sufficiently raised in meeting to meet s114(2) Employment Relations Act 2000 requirement – Found grievance letter sent out of time – Found respondent’s agreement to attend mediation did not constitute consent for applicant to raise grievance out of time – Grievance raised out of time |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(2);ERA s114(3) |
| Number of Pages | 3 |
| PDF File Link: | aa 286_09.pdf [pdf 17 KB] |