| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 434/10 |
| Determination date | 07 October 2010 |
| Member | E Robinson |
| Representation | M Webster ; G Taylor |
| Location | Auckland |
| Parties | Puhia v Bernard Mathews NZ Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether undated handwritten letter from applicant and letter from union sufficient to raise personal grievance – Applicant visited worksite on non-work day and deposited two grocery bags into non-food skip located on premises – Applicant subsequently suspended – Applicant wrote to respondent stating would like to take personal grievance against respondent – Respondent replied by letter acknowledging receipt of letter and noted applicant’s wish to raise personal grievance – Union submitted grievance to respondent – Respondent acknowledged receipt of letter from union – Authority found respondent did not request information on nature of grievance – Found employer must be responsive and communicative and respondent should have requested specific details of grievance – Found handwritten letter of applicant might not have sufficiently raised personal grievance – Found handwritten letter taken with letter from union formed totality of communications – Found letter from union did not specify details of grievance – Found based on totality of communications grievance sufficiently raised – Found personal grievance raised within time |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4(1A)(b);ERA s114;ERA s114(2) |
| Cases Cited | Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139;Creedy v Commissioner of Police [2006] ERNZ 517;Houston v Barker (t/a Salon Gaynor) [1992] 3 ERNZ 469;Winstone Wallboards Ltd v Samate [1993] ERNZ 503 |
| Number of Pages | 6 |
| PDF File Link: | aa 434_10.pdf [pdf 25 KB] |