| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 406/09 |
| Determination date | 17 November 2009 |
| Member | D King |
| Representation | MR Wolff ; H Collier |
| Location | Auckland |
| Parties | Sutherland v The Proprietors of Te Whakaari Inc t/a Tukemokihi Station |
| Summary | RAISING PERSONAL GRIEVANCE – Whether personal grievance raised within 90 day period – Applicant issued with final written warning – Applicant on ACC – Applicant subsequently dismissed for medical incapacity – Authority found employment agreement provided for three months notice – Found no notice period given to applicant from respondent – Authority found personal grievance submitted in time regardless of whether dismissal made orally or in written form – Authority found had jurisdiction to hear personal grievance – Authority suggested parties may reconsider substance of grievance at mediation |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);Employment Contracts Act 1991 |
| Cases Cited | Wilkinson v ISL Computer Systems Ltd [1993] 1 ERNZ 512 |
| Number of Pages | 4 |
| PDF File Link: | aa 406_09.pdf [pdf 19 KB] |