| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 61 |
| Determination date | 03 May 2011 |
| Member | J Crichton |
| Representation | S Beattie (in person) ; J Copeland |
| Location | Christchurch |
| Parties | Beattie v Zoomtech Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise personal grievance out of time – Applicant raised personal grievance 14 months after made redundant – Applicant claimed did not know could raise grievance earlier – Alternatively, applicant claimed raised grievance verbally with respondent at same time made redundant – Respondent denied applicant raised grievance verbally – Applicant claimed respondent never provided employment agreement – Respondent claimed employment agreement provided, produced copy at investigation and claimed applicant never signed or returned agreement – Authority noted copy produced at investigation was generic and not specific version provided to applicant – Respondent claimed specific agreement disappeared – Applicant claimed if respondent had supplied agreement applicant would have been aware could bring grievance – Authority found grievance not raised within 90 days of employment coming to end – Noted applicant could not have both been unaware could raise grievance and have raised grievance verbally at time applicant made redundant – Found on balance applicant unaware of rights and more likely did not raise grievance with respondent when made redundant – Found applicant denied opportunity of having rights set out as did not have completed employment agreement containing appropriate information whether or not draft or unsigned version had been provided – Found were exceptional circumstances causing delay in raising grievance - Authority found applicant may have viable cause of action – Leave to raise grievance out of time granted |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(5);ERA s115(c) |
| Cases Cited | Bryson v Three Foot Six Ltd [2006] ERNZ 781;McCullough v Affco New Zealand Ltd [1998] ERNZ 367;Melville v Air New Zealand Ltd unreported, Travis J, 8 July 2010, ARC 18/10 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_61.pdf [pdf 23 KB] |