| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 61/10 |
| Determination date | 12 February 2010 |
| Member | A Dumbleton |
| Representation | A McInally ; T Cleary |
| Location | Auckland |
| Parties | Melville v Air New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed raised dismissal and disadvantage grievance within time – Claimed alternatively, exceptional circumstance and just to grant leave – Applicant claimed representative raised dismissal grievance in anticipation of dismissal – Applicant’s statement of problem (“SOP”) served on respondent 125 days after dismissal – Authority found not sufficient to give notice of intention to raise dismissal grievance on expectation employer would take action at future time – Found disadvantage grievance raised within time - Applicant claimed exceptional circumstance as representative mistakenly thought grievance raised within time – Found SOP made no reference to raising of grievance – Found representative’s misunderstanding of statutory requirements not exceptional circumstance – Leave declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(3);ERA s114(4);ERA s115(b) |
| Number of Pages | 5 |
| PDF File Link: | aa 61_10.pdf [pdf 18 KB] |