| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 149/10 |
| Determination date | 26 July 2010 |
| Member | P Cheyne |
| Representation | K Cumming (in person) ; S Fairclough |
| Location | Christchurch |
| Parties | Cumming v Absolute Insurance Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within time – Respondent received notification of grievance for first time when served statement of problem (“SOP”) by Authority – SOP received 84 days after alleged grievance occurred – Respondent argued Authority did not have jurisdiction to accept SOP as requirements under s 114(1) Employment Relations Act 2000 (“ERA”) not met – Authority found under Employment Contracts Act 1991 (“ECA”) applicant required to take procedural steps before commencing proceedings in Employment Tribunal – Found no similar requirement in ERA and ERA Regulations – Found inconsistent with objective of ERA to create fiction respondent not aware of grievance because applicant did not follow proper procedures – Found not appropriate to read into s 114(1) ERA requirement akin to ECA when Parliament did not include equivalent provision – Found applicant raised personal grievance within time – Authority emphasised no advantages in relying on Authority processes as proxy for raising personal grievances |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | Employment Contracts Act 1991 First Schedule;ERA s101;ERA s102;ERA s114;ERA s114(1);ERA s114(2);ERA s158;Employment Relations Authority Regulations 2000 r5 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 4 |
| PDF File Link: | ca 149_10.pdf [pdf 19 KB] |