| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 128/10 |
| Hearing date | 9 Mar 2010 |
| Determination date | 19 March 2010 |
| Member | R Arthur |
| Representation | H Wendelborn ; J Douglas |
| Location | Auckland |
| Parties | Chen v Banclogix Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed mental illness limited capacity to consider raising grievance within time – Claimed mental illness constituted exceptional circumstance – Respondent argued applicant not discharged onus mental illness caused delay in raising grievance within time – Applicant did not return to workplace after respondent requested applicant answer allegation not complied with security procedures – Applicant subsequently submitted request to resign – Applicant admitted to hospital, diagnosed with psychosis and depression – Applicant returned to workplace requesting leave – Respondent requested applicant attend disciplinary meeting – Applicant did not attend as applicant travelled to China without authorised leave – Respondent dismissed applicant by letter – Applicant received letter one month later – Applicant instructed representative 148 days after receiving letter – Authority found applicant’s representative did not unreasonably fail to raise grievance within time – Found applicant’s employment agreement made clear grievance needed to be raised within time – Found applicant not sought explanation for dismissal within time – Found applicant failed to discharge onus mental health caused delay in raising grievance – Found while applicant had history of mental illness, applicant’s judgment remained intact – Found medical evidence established applicant had greater levels of ability and capacity to deal with complex tasks – Found applicant emailed another representative within time considering raising grievance, however, declined their services – Found mental health not exceptional circumstance – Leave declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(4);ERA s115;ERA s115(a);ERA s115(b);ERA s115(c);ERA s115(d);Mental Health (Compulsory Assessment and Treatment) Act 1992 |
| Cases Cited | Commissioner of Police v Creedy [2007] ERNZ 505;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9;Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 |
| Number of Pages | 8 |
| PDF File Link: | aa 128_10.pdf [pdf 30 KB] |