| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 188/02 |
| Hearing date | 17 Jun 2002 |
| Determination date | 19 June 2002 |
| Member | WRC Gardiner |
| Representation | R McCabe ; S Dalzell |
| Location | Auckland |
| Parties | Proctor v Airways Corporation of New Zealand Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Whether personal grievance raised within 90-day period - Employed on succession of fixed-term contracts - Notified that application for permanent position unsuccessful - Requested and received reasons for declining interview - Felt reasons amounted to personal grievance - Grievance came to notice of applicant on receipt of reasons - Angry confrontation with manager after reading newspaper article concerning permanent position - Personal grievance not raised at confrontation - Advocate sent letter 2 months later raising employment relationship problem concerning failure to interview - Concerning" broad enough to include reasons for failure - Grievance raised in letter from advocate - Grievance raised within 90 day period - Directed to mediation - Comment that reinstatement available to employees dismissed from a position - Airport employee" |
| Result | Application granted ; Orders accordingly ; Referred to mediation |
| Statutes | ERA s114(1);ERA s114(2);ERA s114(3);ERA s123(b);ERA s159(1)(b) |
| Cases Cited | Commerer v Red Eagle Corporation Ltd unreported, Goddard CJ, 18 May 2000, WC 29/00 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |