| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 183/09 |
| Hearing date | 14 Oct 2009 |
| Determination date | 21 October 2009 |
| Member | P Cheyne |
| Representation | R Harris ; J Farrow |
| Location | Dunedin |
| Parties | Scott v Animal Attraction Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed constructive dismissal grievance raised within 90 day period – Alternatively claimed respondent impliedly consented to late raising of grievance – Alternative application to raise grievance out of time – Applicant’s representative raised constructive dismissal grievance 2 months after applicant’s resignation – Grievance letter provided “our intention is to fully outline substantive and procedural grounds for [grievance]” – Respondent’s representative replied 6 days later stating respondent noted applicant’s “intention” to raise grievance and reserved respondent’s position no grievance existed – Applicant took no further steps for 7 months as respondent made theft allegations against applicant and police enquiry conducted – Applicant subsequently advised by police no evidence to substantiate allegation – 1 month later, applicant’s representative sent second and third letter requesting information to draft grounds for grievance – Respondent replied 2 months later noting applicant’s intention to supply grounds for grievance – Following month, grounds for grievance raised and requested respondent attend mediation in fourth letter – Respondent’s representative replied acknowledging “major dispute” existed and sought mediation for next month – Respondent’s new representative raised limitation defence two months later – Authority found first letter foreshadowed grievance but did not sufficiently raise grievance therefore respondent’s initial response not implied consent to late raising of grievance – Found applicant’s second and third letter suffered same substantive defect as first letter, therefore respondent’s response not implied consent – Found grievance sufficiently raised in fourth letter and respondent’s agreement to mediation rather than rely on limitation defence constituted implied consent – Found respondent’s response overtook earlier assertion no grievance existed – Respondent consented to late raising of grievance – Shop assistant |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Commissioner of Police v Hawkins [2009] 3 NZLR 381;Foster v Chief Executive of the Department of Corrections unreported, Y Oldfield, 1 Mar 2006, AA 57/06;Jacobsen Creative Solutions Ltd v Findlater [1994] 1 ERNZ 35;Kerr v Associated Aviation (Wellington) Ltd unreported, Palmer J, 19 Feb 1997, WEC 7/97;Phillips v Net Tel Communications [2002] 2 ERNZ 340 |
| Number of Pages | 7 |
| PDF File Link: | ca 183_09.pdf [pdf 27 KB] |