| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 25 |
| Hearing date | 22 Jun 2010 |
| Determination date | 19 January 2011 |
| Member | Y S Oldfield |
| Representation | F Board (in person) ; K Jones |
| Location | Auckland |
| Parties | Board v Adecco Personnel Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed dismissal for redundancy unjustified – Respondent claimed applicant filed personal grievance claim outside of three year time limit specified in s114(6) Employment Relations Act 2000 – Respondent claimed applicant raised grievance in meetings with respondent’s Country Manager (“R”) therefore grievance filed several days outside three year period – Applicant claimed grievance raised by letter from solicitor about five days after meetings with R therefore grievance filed several days before end of three year period - Authority found applicant dismissed when no suitable redeployment options found following disestablishment of position – Found parties then went on to discuss possible redundancy packages – Applicant recorded meetings with R without R’s knowledge or consent – Applicant failed to provide digital copy of recordings to respondent or Authority but provided transcript said to be of recordings – Respondent did not accept transcript as complete and accurate record of all discussions that took place however, R did recall and accept some of content - Parties agreed transcript best evidence available as to whether grievance raised during course of meetings - Authority analysed transcript - Found applicant set out number of concerns and questioned fairness of events leading to dismissal – Found applicant referred to personal grievance in context of tax advantages of describing part of redundancy package as compensation – Found applicant made it clear if respondent did not agree to counter-offer for redundancy package would pursue action in relation to employment relationship problem - Authority found applicant’s statements consistent with assertion would raise grievance if respondent did not meet her requests not that grievance already raised and threatening to escalate matters – Found applicant’s subsequent conduct consistent with that interpretation – Found when respondent did not accept applicant’s counter-offer applicant’s solicitor wrote to respondent raising personal grievance - Authority satisfied applicant’s personal grievance raised by letter and not before – Found applicant commenced personal grievance action within three year timeframe as required - Chief Executive Officer |
| Result | Application granted ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114(6) |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_25.pdf [pdf 27 KB] |