| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 59 |
| Determination date | 18 April 2011 |
| Member | D Asher |
| Representation | M MacManus ; K Gill |
| Parties | Spratt v April Sun on Cuba Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably disadvantaged by respondent in respect of serious misconduct finding – Respondent claimed applicant overpaid holiday pay, no unpaid wages owing, owed respondent over $35,000 for remainder of contracted employment period and grievance raised out of time – Authority found letter provided sufficient detail of action complained of and made clear applicant wanted matter addressed – Found letter clearly stated remedies sought by applicant and consequences of non-compliance – Found letter sent within month of serious misconduct finding being brought to applicant’s attention – Authority rejected respondent’s claim applicant unable to test findings on grounds no longer employee – Authority rejected respondent’s claim letter did not specify nature of unjustified disadvantage or what applicant wanted respondent to do – Found respondent’s claim leave should not be granted due to contributory conduct was irrelevant – Authority doubted strength of respondent’s claim of fundamental contractual arrangement for fixed term commitment and bonding – Grievance raised in time – Found applicant employee of respondent at relevant time – Found applicant able to freely pursue claims of unpaid wages and holiday pay – Beauty Therapist/Receptionist |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s159;Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_59.pdf [pdf 20 KB] |