| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 352/09 |
| Determination date | 06 October 2009 |
| Member | J Wilson |
| Representation | T O'Donoghue ; S Leftley |
| Location | Auckland |
| Parties | O'Donoghue v Regent Training Centre Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant filed application of constructive dismissal and unjustified disadvantage – Respondent argued grievance not raised within 90 day period – Applicant resigned from position following various unresolved issues with management – Respondent denied any outstanding issues – Applicant subsequently notified respondent of personal grievance – Respondent argued issues that led to resignation occurred outside 90 day period – Found 90 day period ran from expiration of any notice period of notice of dismissal, including a constructive dismissal – Found personal grievance raised within 90 day period – Parties directed to mediation – Care manager |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114 |
| Cases Cited | Charlton v Colonial Homes Ltd [2001] ERNZ 759;Meyer v Ports of Auckland Ltd unreported, Shaw J, 28 July 2004, AC 41/04;Para Franchising Ltd v Whyte [2002] 2 ERNZ 120 |
| Number of Pages | 5 |
| PDF File Link: | aa 352_09.pdf [pdf 17 KB] |