| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 417/09 |
| Hearing date | 20 Nov 2009 |
| Determination date | 23 November 2009 |
| Member | L Robinson |
| Representation | Z Fadheel (Applicant in person) ; A Drake, C Gordon |
| Location | Auckland |
| Parties | Fadheel v Auckland District Health Board |
| Summary | JURISDICTION – Applicant claimed defamation and respondent “blocking opportunity to work in medical lab” – Applicant’s application for re-employment with respondent unsuccessful – Applicant pursued claims as matters of privacy with respondent and Privacy Commissioner – Authority found claims did not arise out of employment with respondent therefore no jurisdiction to determine matters – No jurisdiction - RAISING PERSONAL GRIEVANCE – Applicant claimed “unjustified benefit” for not being permitted to sit relevant examination, received bad performance review, and no salary increase – Applicant resigned from employment with respondent eight years ago – Applicant wrote complaint letter to respondent alleging defamation and breach of privacy seven years later – Letter written in context of applicant’s unsuccessful attempts at gaining re-employment with respondent - Respondent advised applicant grievance outside limitation period – Respondent investigated applicant’s allegations and notified applicant reached no breach of privacy conclusion four months later – Applicant subsequently alleged constructive dismissal - Authority interpreted claims as unjustified disadvantage – Applicant gave evidence at Authority investigation meeting matters raised posed no difficulties – Found no disadvantage – Found applicant did not raise any personal grievance relevant to employment law with respondent – Found applicant’s “real” grievance arose out of unsuccessful attempts to obtain re-employment with respondent – Found applicant’s failure to be aware of limitation period not exceptional circumstance and unjust to grant leave to raise grievance out of time – No grievance raised – Leave declined – Laboratory Assistant |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s115 |
| Number of Pages | 7 |
| PDF File Link: | aa 417_09.pdf [pdf 28 KB] |