Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 209/09
Determination date 03 December 2009
Member H Doyle
Representation RJ Hughes (in person) ; N McPhail
Location Christchurch
Parties Hughes v Herron's Four Square Ltd t/a Twizel Four Square
Summary RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant not agreeable to Authority suggestion for application to extend time if found one or more grievances not raised in time – Authority proceeded to determine sole issue whether grievances raised in time – Applicant taped meeting with respondent with respondent’s knowledge – Authority found clear from recording applicant raised concerns with respondent – Found applicant’s resignation occurred after discussed issues – Authority satisfied statement of problem served on respondent – Found looking at transcript of recorded meeting clear disadvantage grievance raised in time – However, found dismissal grievance not raised at meeting after told resignation accepted – Found dismissal grievance raised outside 90 day period by one day – Found applicant may make application to extend time for raising dismissal grievance
Result Application granted ; Costs reserved
Main Category Raising PG
Statutes ERA s114(1);ERA s114(2);ERA s114(4)
Cases Cited Clark v Nelson Marlborough Institute of Technology unreported, Couch J, 19 Aug 2008 (CC 12/08);Board of Trustees of Te Kura Kaupapa O Tawhiuau v Edmond [2008] ERNZ 139
Number of Pages 6
PDF File Link: ca 209_09.pdf [pdf 32 KB]