| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 164/09 |
| Hearing date | 4 Aug 2009 |
| Determination date | 01 October 2009 |
| Member | J Crichton |
| Representation | R Harris ; J Farrow |
| Location | Dunedin |
| Parties | Miles v Murrays Veterinary Clinic Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant claimed unjustified dismissal – Respondent argued proper restructuring process identified need for new position which subsumed applicant’s position – Respondent contended personal grievance raised out of time – Evidence showed letter raising personal grievance drafted and prepared but not received by respondent – Authority found grievance not properly raised – Found first correspondence received by respondent well outside 90 day period – Found grievance not raised in meeting between respondent and applicant – Applicant argued wages claim prevented progressing personal grievance – Found wages claim resolved and no further steps taken in relation to personal grievance – Applicant contended employment agreement did not provide explanation of resolution of employment relationship – Respondent argued resolution of employment relationship covered in policy and procedures manual which was pointed out and physically available to applicant – Respondent’s evidence preferred – Applicant claimed request for written reasons for dismissal declined – Respondent argued no request ever made – Applicant’s solicitor did not refer to alleged failure in letter of grievance – Found grievance not raised in time – Authority rejected application for leave to raise personal grievance out of time – Vet nurse |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(3);ERA s115 |
| Cases Cited | Coy v Commissioner of Police unreported, Colgan CJ, 19 Nov 2007, CC 23/07;Creedy v Commissioner of Police [2006] 1 ERNZ 517 |
| Number of Pages | 10 |
| PDF File Link: | ca 164_09.pdf [pdf 31 KB] |