| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251/10 |
| Hearing date | 20 May 2010 |
| Determination date | 24 May 2010 |
| Member | R Arthur |
| Representation | JV Samoa (in person) ; L Rush |
| Location | Auckland |
| Parties | Samoa v Rush Security Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed raised unjustified disadvantage grievance within time – Respondent argued grievance raised out of time – Argued not just to grant leave as would cause prejudice to respondent – Applicant’s employment agreement (“EA”) provided employment on “as and when required basis” – Respondent advised applicant employment subject to 90 day trial period – Applicant claimed employment became permanent after trial period ended – Applicant claimed subsequently dismissed and replaced by new employee – Applicant telephoned respondent within limitation period and asked for copy of EA – Applicant advised respondent “sad” employment ended – Applicant sought advice from Community Law Centre, however, lawyer too busy to represent applicant at that time – Personal grievance subsequently raised by lodging statement of problem in Authority – Authority found applicant’s telephone conversation did not raise personal grievance therefore grievance not raised within time – Found applicant did not fail to make reasonable arrangements as went to Law Centre for advice and representative only said too busy at that time – Found EA did not include dispute resolution process or notify grievance must be raised within time in breach of s65 Employment Relations Act 2000 (“ERA”) – Found respondent could not rely on another employer’s compliance with EA to avoid own statutory obligations – Found breach of s65 ERA amounted to exceptional circumstance – Found just to grant leave as respondent not prejudiced and witnesses available – Leave granted – Parties directed to mediation – Security Guard |
| Result | Application granted ; Parties directed to mediation ; No order for costs |
| Main Category | Raising PG |
| Number of Pages | 7 |
| PDF File Link: | aa 251_10.pdf [pdf 26 KB] |