| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 81 |
| Hearing date | 5 Apr 2011 |
| Determination date | 16 May 2011 |
| Member | P R Stapp |
| Representation | K Macneil ; M Kirk |
| Location | New Plymouth |
| Parties | Maxwell v Weatherford New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period - Applicant saw Work & Income (“W”) regarding dismissal and claimed case worker told applicant to contact Employment Dispute Services (“EDS”) – Applicant spoke with EDS representative (“T”) – T sent letter to Work & Income – Letter alluded to initiating mediation for personal grievance claim - Letter not sent to respondent – Applicant claimed meeting organised between T and applicant – T claimed did not remember meeting – Applicant claimed continued to telephone T to find out mediation dates – Applicant discovered T no longer working for EDS and confirmed with Department of Labour no mediation scheduled – Applicant approached Community Law Centre (“CLC”) – Applicant claimed told by CLC T had said raised grievance – T denied said raised grievance on applicant’s behalf and claimed, if had, would have used EDS template letter – CLC letter stated applicant told CLC had instructed T to raise grievance – Respondent’s files showed no grievance raised – Applicant claimed contacted CLC after became frustrated with T’s inaction – Authority noted T’s letter did not refer to grievance and purpose was to reduce W’s stand down period – Noted applicant never specified what had allegedly said to T to arrange raising grievance – Found applicant did not adequately explain delay before approached CLC – Found not clear whether applicant instructed T to raise grievance or just send letter to W - Noted no evidence of phone calls between T and applicant and evidence of meeting unclear – Found due to elapsed time improbable grievance was to be raised and, but for chance meeting with Department of Labour employee, matter would not have been rekindled – No exceptional circumstances – Leave to raise grievance out of time declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s115(b) |
| Cases Cited | Melville v Air New Zealand [2010] NZCA 563 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_81.pdf [pdf 23 KB] |