| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 220/10 |
| Determination date | 03 December 2010 |
| Member | J Crichton |
| Representation | D Carruthers ; P Kiely |
| Location | Christchurch |
| Parties | Sweet v Alpine Guides Fox Glacier Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Respondent did not consent to grievance being raised out of time - Respondent became aware cash takings from caf� irregular and money missing - Respondent conducted investigation then referred matter to Police - Police conducted investigation and subsequently applicant charged with theft - During Police investigation applicant absent from workplace without explanation or authorisation - Respondent wrote to applicant to indicate assumption applicant had abandoned employment pursuant to employment agreement - Applicant did not respond to letter until over five months later when purported to raise personal grievance - Applicant claimed believed could not raise personal grievance while criminal charges pending - Claimed when charges withdrawn immediately sought to notify respondent of alleged personal grievance - Authority found were number of decided cases which settled law that mistaken belief about law or effect of law was not exceptional circumstances for purposes of s114 Employment Relations Act 2000 (“ERA”) - Found evidence before Authority would not support any of grounds for exceptional circumstances under s115 ERA - Found no exceptional circumstances - Found not a case where would be just to allow grievance to be raised out of time - Application to raise grievance out of time declined - Accounts Administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(3);ERA s114(4);ERA s115 |
| Cases Cited | Creedy v Commissioner of Police [2008] ERNZ 109 ; [2008] 3 NZLR 7;McCullough v AFFCO New Zealand Ltd [1998] 2 ERNZ 367 |
| Number of Pages | 5 |
| PDF File Link: | ca 220_10.pdf [pdf 22 KB] |