| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 137/09 |
| Determination date | 18 September 2009 |
| Member | P R Stapp |
| Representation | Y Liu (in person) ; A Tuwhangi |
| Location | Wellington |
| Parties | Liu v Kiaz Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed unjustified dismissal grievance raised within time - Respondent argued grievance raised out of time – Applicant put on notice of dismissal due to allegation – Applicant dismissed – Four months later applicant raised grievance by email – Applicant claimed had earlier sent grievance letter therefore grievance raised within time – Respondent argued letter’s date erroneous as sent in envelope stamped at later date – Applicant alternatively claimed raised grievance at later date when applicant became aware respondent took allegation to Police – Authority found respondent received grievance letter out of time – Found no evidence to support respondent received earlier letter within time – Found no evidence to show whether respondent took complaint to police during or after employment for applicant to rely on matter – Grievance raised out of time – COSTS – Applicant self represented – Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Number of Pages | 4 |
| PDF File Link: | wa 137_09.pdf [pdf 18 KB] |