Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 123/09
Hearing date 26 Aug 2009
Determination date 28 August 2009
Member P R Stapp
Representation S Mitchell ; G Williams
Location Napier
Parties North v Silverfern Farms Ltd
Summary RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Respondent argued personal grievance raised outside 90 days – Applicant suffered injury at work – Applicant sought advice from union on what to do in regard to employment – No evidence personal grievance considered before applicant approached union for advice – Authority found applicant entitled to raise personal grievance when notice of possible action received from union – Found grievance raised on 90th day – Found applicant able to proceed with personal grievance claim – Parties directed to return to mediation
Result Application granted ; Costs reserved
Main Category Raising PG
Statutes ERA s114;ERA s114(1);ERA s114(3);ERA s114(5);ERA s114(6);ERA s115;ERA s115(b);ERA s159
Number of Pages 6
PDF File Link: wa 123_09.pdf [pdf 18 KB]