Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 353/09
Determination date 07 October 2009
Member Y S Oldfield
Representation M Ryan ; J Jones, V Lakeman
Location Auckland
Parties Ngohe-Simon v Chief Executive of the Department of Corrections
Summary RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant disclosed to respondent formed relationship with former inmate – Following meeting to discuss disclosure applicant went on paid leave – Applicant advised of possibility of termination – Proposal made to applicant to end employment relationship – Applicant failed to respond and employment terminated – Applicant raised personal grievance of unjustified dismissal following year – Authority accepted respondent’s submissions – Found grievance raised well outside 90 day period – Applicant argued suffered from depression – Found depression did not cause delay in raising personal grievance – Leave to raise grievance out of time declined – Personal assistant
Result Application dismissed ; No order for costs
Main Category Raising PG
Statutes ERA s114;ERA s115(a)
Number of Pages 5
PDF File Link: aa 353_09.pdf [pdf 18 KB]