| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 438/10 |
| Determination date | 11 October 2010 |
| Member | R A Monaghan |
| Representation | J Mistry (in person) ; K Davis |
| Location | Auckland |
| Parties | Mistry v International Swaminarayan Satsang Organisation and Anor |
| Other Parties | Mewada |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unpaid wages, breach of contract and forced to resign – Applicant also claimed harassed by second respondent (“M”) when concerns raised – Respondent claimed no personal grievance because not raised in time – Authority found affidavit not capable of indicating any personal grievance raised prior to termination of employment – Found numerous other non-specific references to oral raising of grievances did not suffice as evidence grievances raised – Chairman of first respondent claimed no discussion about applicant’s dissatisfaction with work conditions or any other claim against respondent – Found conversations with chairman amounted to no more than demands for payment – Found bare claims for payment of monies owed did not amount to personal grievances – Applicant relied on legal notice prepared and issued by professional representative in India – Found document filed in Authority neither signed nor dated – Found some concerns raised outside relevant employment relationship – Found sending document to M was communication to employer – Found content not sufficient to raise dismissal grievance – Found claims amounted to allegations of breach of contract but did no go further – Found grievance not raised in time – Found second document raised unjustified and constructive dismissal grievances but raised out of time – Found no other correspondence amounted to raising of personal grievance – Applicant sought to raise grievance out of time – Found no exceptional circumstances warranting grant of leave to raise grievance out of time – Found claims for payment of monies owed could proceed at later date – Wood carver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s4A;ERA s103(1);ERA s103(1)(a);ERA s114;ERA s114(4);ERA s114(4)(a);ERA s114(4)(b);ERA s115;ERA s115(c);ERA s161 |
| Number of Pages | 9 |
| PDF File Link: | aa 438_10.pdf [pdf 32 KB] |