| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 14/10 |
| Hearing date | 28 Jan 2010 |
| Determination date | 01 February 2010 |
| Member | D Asher |
| Representation | M Gittings-Nolan ; G Malone |
| Location | Whanganui |
| Parties | Peacock v AFFCO New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed raised grievance within time, however, applicant’s union failed to represent grievance to respondent within time – Respondent argued applicant’s conduct towards union and weak claim should mitigate against leave being granted – Applicant requested union to represent applicant in allegations against respondent - Union failed to act on applicant’s instructions – Respondent investigated applicant’s claim and concluded no evidence to support allegation – Authority found despite applicant’s weak claim, applicant made reasonable arrangements to raise grievance within time and union failed to ensure grievance raised within time – Authority notified applicant of significant costs implications if substantive investigation unsuccessful - Leave granted – Parties directed to mediation – Seasonal worker |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(4)(a);ERA s114(4)(b);ERA s115;ERA s115(b) |
| Number of Pages | 5 |
| PDF File Link: | wa 14_10.pdf [pdf 21 KB] |