| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 57 |
| Determination date | 28 April 2011 |
| Member | J Crichton |
| Representation | T Oldfield ; K Hoyle |
| Location | Christchurch |
| Parties | Burlton v Oceania Care Company (No 1) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent claimed did not receive notification that applicant raising personal grievance until well after 90 days – Union claimed personal grievance raised by organiser at final disciplinary meeting – Authority found statement of problem not served to respondent due to Christchurch earthquake – Respondent claimed became aware of grievance when it became clear Authority had not processed application – Found no evidence to show grievance raised at disciplinary meeting – Found unless exceptional circumstances found to exist, applicant’s grievance could not proceed – Found personal grievance not notified to respondent within 90 days because of Authority’s failure to deal with application due to Christchurch earthquake – Found informal application made during initial telephone conference between Authority and parties – Respondent claimed no examples of exceptional circumstances in s115 Employment Relations Act 2000 fit situation – Found examples not all-encompassing – Found exceptional circumstances existed – Found if Authority processed application in usual way, grievance would have been raised in time – Found applicant entitled to have grievance heard – Found parties blameless in situation – Application to raise grievance out of time granted |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(3);ERA s114(4);ERA s114(5);ERA s115 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_57.pdf [pdf 16 KB] |