| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 442/09 |
| Hearing date | 9 Sep 2009 |
| Determination date | 10 December 2009 |
| Member | V Campbell |
| Representation | J Burns ; P Tremewen |
| Location | Auckland |
| Parties | Li v ANZ Sky Tours Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant claimed unjustifiably dismissed when respondent told her would no longer be supporting her work permit application - Applicant denied claim and claimed applicant did not raise grievance within 90 days - Applicant did not consent to grievance being raised out of time - Authority found all applicant’s correspondence with respondent post dismissal concerned outstanding wages and commission payments - Found first time applicant raised personal grievance for unjustified dismissal was when lodged application in Authority - Grievance not raised within time - No application to raise grievance out of time - No jurisdiction to hear applicant’s unjustified dismissal claim - ARREARS OF WAGES - Applicant claimed owed outstanding wages and commission payments - Authority found applicant received all outstanding wages - Found applicant received commission payments - ARREARS OF HOLIDAY PAY - Authority found applicant not paid correct holiday pay - Respondent to pay outstanding holiday pay - Sales Representative |
| Result | Applications dismissed (Raising personal grievance)(Arrears of wages) ; Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($306.22) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114 |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517 |
| Number of Pages | 7 |
| PDF File Link: | aa 442_09.pdf [pdf 35 KB] |