| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 146 |
| Determination date | 11 April 2011 |
| Member | K J Anderson |
| Representation | S Austin ; K Stretton |
| Location | Auckland |
| Parties | Perenara v Waiotahi Contractors |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant made redundant due to lack of work – Applicant claimed unjustifiably dismissed – Personal grievance raised more than 7 months later – Applicant was notified but failed to attend investigation meeting – Authority, with parties’ agreement, determined matter on the papers - Respondent claimed no exceptional circumstances supporting delay – Applicant claimed felt just had to accept respondent’s decision – Authority found that letter dated more than 7 months later was only evidence of grievance being raised – Found applicant did not raise grievance within 90 day period – Applicant claimed so affected by dismissal unable to properly consider raising grievance – Authority found no evidence to show applicant sufficiently traumatised to support delay – Found applicant accepting there was nothing he could do not exceptional circumstance and applicant could have sought advice – Leave to raise grievance out of time declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(2);ERA s114(3);ERA s114(4);ERA s115 |
| Cases Cited | The Board of Trustees of Te Kura Kaupapa Motuhake o Tawhiuau v John Edmonds [2008] ERNZ 139;Wilkinson v ISL Computer Systems Ltd [1993] 1 ERNZ 512 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_146.pdf [pdf 23 KB] |