| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 283/10 |
| Hearing date | 11 May 2010 |
| Determination date | 15 June 2010 |
| Member | Y S Oldfield |
| Representation | T Oldfield ; K Single |
| Location | Auckland |
| Parties | Thompson v Tauranga Environment Centre Charitable Trust |
| Summary | RAISING PERSONAL GRIEVANCE – First issue, whether applicant raised dismissal grievance within time – Second issue, whether exceptional circumstance and just to grant leave – Respondent advised applicant no employment would be offered upon expiry of fixed term employment agreement (“EA”) due to lack of funding – Applicant wrote first letter disputing fixed term nature of EA – Letter provided applicant employed consistently for four years and no notification applicant’s position at risk – Meeting held – Respondent advised even if funding could be secured, applicant would need to apply for position – Applicant wrote second letter providing respondent showed lack of good faith in dealing with matter – Applicant held off pursuing substantive grievance until outcome of funding application – Applicant requested union’s (“H”) assistance to raise grievance – H failed to promptly proceed with grievance and arrange mediation – Employment relationship terminated - Authority found first letter did not raise dismissal grievance as letter only advised applicant had no notice position at risk – Found no dismissal grievance raised at meeting as discussion concentrated on funding issue – Found no grievance raised in second letter as applicant complained about lack of consideration rather than dismissal – Grievance not raise within time – Found exceptional circumstance as applicant made reasonable arrangements for H to raise grievance within time – Found H had no explanation for delay – Found just to grant leave as respondent not prejudiced and delay only marginally outside of 90 day period – Leave granted |
| Result | Application granted ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(5);ERA s115(b);Resource Management Act 1991 |
| Number of Pages | 10 |
| PDF File Link: | AA 283_10.pdf [pdf 29 KB] |