| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 176/09 |
| Hearing date | 28 Oct 2009 |
| Determination date | 11 November 2009 |
| Member | G J Wood |
| Representation | G Ogilvie ; J Sumner, K Berry |
| Location | Wellington |
| Parties | Stewart v Whitireia Community Polytechnic |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant claimed unjustified dismissal and unjustified disadvantage – Applicant telephoned respondent and explained raising personal grievance – Applicant sought advice from Community Law Centre – Community Law Centre solicitor aware of 90 day period but mistakenly thought it meant 90 working days – Community Law Centre solicitor believed applicant already raised grievance – Respondent claimed grievance not raised within 90 day period – Authority found telephone advice of personal grievance prospective and contained no detail – Found grievance not raised by telephone conversation with respondent – Found grievance not raised by Community Law Centre solicitor – Found exceptional circumstances made out through Community Law Centre’s failure to raise unjustified dismissal grievance – Applicant failed to raise unjustified disadvantage grievance within time – Found allegations generalised and related to events that occurred eighteen to twenty-four months ago – Authority declined to grant leave to pursue personal grievance for unjustified disadvantage – Parties directed to mediation – Faculty administrator |
| Result | Application granted (raising unjustified dismissal personal grievance) ; Application dismissed (raising unjustified disadvantage personal grievance) ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(5);ERA s115B |
| Cases Cited | BOT of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139;Coy v Commissioner of Police unreported, Colgan CJ, 19 November 2007, CC 23/07;Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 7 |
| PDF File Link: | wa 176_09.pdf [pdf 23 KB] |