| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 336/09 |
| Hearing date | 8 Sep 2009 |
| Determination date | 16 September 2009 |
| Member | Y S Oldfield |
| Representation | J Hancock ; W Eade |
| Location | Auckland |
| Parties | Curtis v Lancom Technology Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed constructive dismissal grievance raised within time – Respondent argued grievance raised when applicant first notified work hours reduced therefore not within time – Applicant employed part-time and subsequently advised work hours reduced – Applicant declined revised work schedule – Two weeks later, applicant received emailed requesting applicant accept new work hours – Email provided applicant must leave workplace if new hours not accepted – Applicant claimed unilateral change of work hours unjustified - Claimed email sought applicant’s agreement on basis that if terms not accepted, dismissal would result – Applicant received holiday day pay – Applicant’s representative formally raised grievance two months later - Authority found employment did not end when applicant first advised of reduced work hours – Found employment did not continue until applicant received holiday pay – Found respondent ended employment relationship by sending email requesting applicant either accept new hours or resign – Grievance raised within time – Found if grievance not raised within time, leave would be granted – Found no written employment agreement (“EA”) explaining procedures for resolving employment relationship problems – Found absence of EA contributed to delay in pursing grievance, therefore exceptional circumstance present – Found even if respondent’s argument correct, grievance would be only one day out of time therefore still just to grant leave – Office Junior |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s65;ERA s114;ERA s114(4);ERA s114(4)(a);ERA s115(c) |
| Number of Pages | 7 |
| PDF File Link: | aa 336_09.pdf [pdf 25 KB] |