| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 444/10 |
| Determination date | 13 October 2010 |
| Member | Y S Oldfield |
| Representation | S Austin ; G Bingham |
| Location | Auckland |
| Parties | Maynard v Bay of Plenty District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE - Matter determined on papers - Applicant filed Statement of Problem (“SOP”) with Authority claiming constructive dismissal and seeking payment of gratuity believed entitled to - Respondent claimed grievance not raised within 90 days - Applicant claimed series of letters to respondent made it clear raising personal grievance - Authority found letters established only that applicant considering taking personal grievance in event gratuity issue not resolved - Found no evidence any steps taken to raise grievance after that - Found therefore, grievance not raised until SOP filed in Authority - Found SOP lodged outside 90 day period - Found grievance not raised within 90 days - Alternatively, applicant argued exceptional circumstances existed permitting grievance to be raised out of time - Applicant claimed first representative (“X”) unreasonably failed to action instructions given to raise grievance - Authority found could not determine what applicant’s instructions to X were without hearing from X and applicant - Question of whether exceptional circumstances existed reserved - Investigation meeting that had been set down cancelled - Authority support officer to arrange teleconference to discuss how Authority to take evidence on issue of applicant’s instructions |
| Result | Orders made ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Number of Pages | 6 |
| PDF File Link: | aa 444_10.pdf [pdf 19 KB] |