| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 90 |
| Hearing date | 16 Feb 2011 |
| Determination date | 10 March 2011 |
| Member | E Robinson |
| Representation | E Hartdegen ; K Thompson |
| Location | Auckland |
| Parties | Heyneke and Anor v Air New Zealand Ltd |
| Other Parties | Pereira |
| Summary | RAISING PERSONAL GRIEVANCE – Whether applicants raised grievance within 90 days – Respondent undertook recruitment campaign in South Africa to recruit qualified engineers – Applicants claimed during recruitment process respondent promised discounted staff travel to and from South Africa for them and their families – First applicant (“H”) became aware upon commencing employment that discounted staff travel to South Africa not available – H discussed issued with Union Delegate (“J”) and General Manager Human Resources (“N”) – N claimed H did not raise discounted staff travel issue – Second applicant (“P”) expressed concern about no discounted staff flights to South Africa to respondent CEO (“F”) – Applicants claimed wrote to N raising personal grievance – Found letter provided constituent elements required to raise personal grievance – H claimed discussed discounted staff travel with J and meetings may have occurred within 90 day period – Authority found no evidence J instructed to raise personal grievance – H claimed raised personal grievance with N at meeting – Found no written documentation to support claim – Found email documentation following meeting suggested no personal grievance raised – Found H possessed requisite knowledge more than 90 days prior to alleged raising of personal grievance – Found H did not raise personal grievance within 90 days – P claimed was not aware not entitled to discounted staff travel until 12 months into employment – Found unlikely P did not become aware of lack of entitlement earlier – P claimed did not raise personal grievance earlier because relied on respondent’s assertions trying to obtain agreement which would provide applicants with discounted staff travel – Found onus on P to raise personal grievance within 90 days – Found P failed to raise personal grievance within 90 days – Applicants confirmed understood terms and conditions of employment agreement and requirement to raise personal grievance within 90 days – Found grievance not raised within 90 days – Aircraft Engineers |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s65(2)(a)(vi);ERA s114;ERA s114(1);ERA s114(2);ERA s144(1);ERA s144(2) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Melville v Air New Zealand Ltd [2010] NZEMPC 87;Winstone Wallboards Ltd v Samate [1993] ERNZ 503 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_90.pdf [pdf 38 KB] |