| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 416/10 |
| Hearing date | 24 Aug 2010 |
| Determination date | 20 September 2010 |
| Member | K J Anderson |
| Representation | C Brown (in person) ; R Harrison |
| Location | Auckland |
| Parties | Brown v Total Marine Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed unjustifiably dismissed – Respondent claimed applicant raised grievance outside 90 day period and respondent did not consent to grievance being raised out of time – Applicant charged with stabbing of respondent director’s (“S”) son – Applicant held in custody – Applicant’s sister returned respondent’s property and collected applicant’s property from workplace – S believed applicant not returning to work and processed final pay – Applicant released from custody but prevented from contacting employer as condition of bail – Applicant claimed not personally informed of dismissal but S’s witness statement indicated employment terminated – Applicant claimed told by lawyer could not pursue employment matters until after trial – Applicant acquitted and raised personal grievance – Authority accepted applicant incarcerated and not permitted to contact S – Found no reason why could not have instructed sister or barrister to make enquiries into employment status – Applicant claimed did not instruct barrister because presumed unlikely still had job – Found applicant knew no longer employee of respondent – Applicant claimed so affected and traumatised by arrest and being held in custody that unable to properly consider raising personal grievance – Found no evidence applicant gave thought to raising personal grievance and not prevented from contacting S via representative – Found applicant not affected or traumatised – Found applicant not dismissed – Found S reasonably assumed applicant not returning to work – Found applicant held in custody for five months and frustrated employment agreement due to inability to carry out duties – Found applicant never made enquiry into employment status – Found delay not occasioned by exceptional circumstances – Applicant resigned from employment giving six months notice prior to arrest – Applicant claimed wished to resign as mechanic but stay on as labourer – Applicant claimed resignation not accepted by S – S denied claims and explained difficulties with applicant in workplace – Application dismissed - Mechanic |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;ERA s120(1) |
| Number of Pages | 7 |
| PDF File Link: | aa 416_10.pdf [pdf 28 KB] |