| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 178/09 |
| Hearing date | 12 Oct 2009 |
| Determination date | 16 October 2009 |
| Member | P Cheyne |
| Representation | J Baird ; N Dennis |
| Location | Cromwell |
| Parties | McFadgen v Dennis Industries Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Authority to determine whether applicant should be granted leave to raise grievance out of time – Applicant did not return to work after lunch because felt had been unfairly reprimanded – Applicant failed to report to work following day because attended job interview – Applicant subsequently dismissed – Applicant denied unemployment benefit because of reasons given by respondent for termination of employment – Personal grievance raised 92 days after dismissal – Applicant argued respondent’s statement to WINZ that terminated own employment resulted in denial of unemployment benefit – Authority did not accept submission – Respondent’s statement to WINZ made no difference to applicant’s belief about having been unjustifiably dismissed, it merely motivated applicant to pursue personal grievance – Applicant alleged respondent’s untrue statement to WINZ regarding termination gave rise to separate grievance – Rejected by Authority – Found applicant did not raise grievance within 90 day period – Applicant argued not given copy of employment agreement – Found applicant signed employment agreement which explained services available for resolution of employment relationship and mentioned 90 day rule – Applicant claimed need to seek legal aid exceptional circumstance – Rejected by Authority – Found delay not due to being traumatised by dismissal – Nothing exceptional about closure of solicitor’s office over Christmas period – Found no exceptional circumstances existed to grant leave |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s103(1)(b);ERA s114(1);ERA s114(4);ERA s115(a);ERA s115(c) |
| Number of Pages | 6 |
| PDF File Link: | ca 178_09.pdf [pdf 25 KB] |