| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 126/10 |
| Hearing date | 16 Feb 2010 |
| Determination date | 19 May 2010 |
| Member | H Doyle |
| Representation | K Murray ; P Shaw |
| Location | Christchurch |
| Parties | Shaw v Canterbury District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE – First issue, whether applicant raised grievances within time – Second issue, whether leave should be granted for exceptional circumstance - Applicant unsuccessfully applied for graduate nursing position – Applicant claimed discriminated against on basis of age and did not accept respondent’s instructions as created workplace hazard – Applicant advised respondent not attending work until protocols in place to ensure applicant’s safety – Respondent responded no obligation to appoint applicant as registered nurse or graduate position – Respondent did not accept instructions caused workplace hazard – Applicant unsuccessfully reapplied for graduate position – Second discrimination grievance raised after advised application unsuccessful – Applicant continued to refuse to return to work – Respondent unsuccessfully sought to meet applicant to clarify discrimination grievances – Applicant raised unjustified discrimination grievance upon filing statement of problem – Respondent advised did not accept grievances – Advised applicant employment relationship deemed terminated if did not return to work – Advised would not attend mediation as applicant’s grievances unclear – Employment relationship terminated - Authority found first discrimination grievance not raised when first application unsuccessful therefore not raised within time – Found second discrimination grievance raised within time as applicant made clear alleging discrimination on basis of refusal to work in relation to non-appointment for graduate position – Found discrimination grievance on basis of age not raised as applicant’s communications to respondent did not specify claim – Found unjustified disadvantage grievance not raised within time – Found if grievance raised within time, action in relation to grievance occurred three years after grievance raised – Found unjustified dismissal grievance raised three years after employment relationship terminated – Found no exceptional circumstance to grant leave as applicant’s representative responsible for delays without good cause – Parties directed to mediation for second discrimination grievance – Authority accepted respondent suffered prejudice caused by applicant’s representative undue delays – Found however, not enough to dismiss second grievance raised within time – Parties directed to mediation – Application partially granted – Hospital Aid |
| Result | Application partially granted (Second discrimination grievance) ; Applications dismissed (Discrimination on basis of age)(Unjustified disadvantage)(Unjustified dismissal)(Leave) ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4;ERA s103A;ERA s103(1)(c);ERA s104;ERA s114(1);ERA s114(2);ERA s114(6);Health and Safety in Employment Act 1992 s28;Health and Safety in Employment Act 1992 s7;Official Information Act 1982 |
| Number of Pages | 14 |
| PDF File Link: | ca 126_10.pdf [pdf 53 KB] |