| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 97 |
| Determination date | 03 June 2011 |
| Member | D Asher |
| Representation | R Webb ; C McLorinan |
| Location | Wellington |
| Parties | McGregor v GMP Environmental Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed made redundant – Applicant claimed process adopted did not reflect genuine consultation with employees – Applicant concerned about process surrounding drug testing – Respondent claimed applicant returned positive drug test for cannabis – Applicant claimed raised personal grievance with former employer both orally and through number of letters – Respondent claimed applicant did not raise grievance orally and although number of questions asked through letters, no grievance raised – Applicant claimed had several discussions with respondent representative (“H”) about applicant’s concerns about drug policy – Respondent claimed applicant filed statement of problem claiming unjustifiably dismissed but did not make claim in respect to drug testing – Respondent claimed grievance raised out of time – H claimed applicant raised concerns about drug testing procedure but did not raise grievance through H – Authority found meeting notes did not record applicant notifying personal grievance – H claimed applicant did not raise personal grievance with H in relation to redundancy – Found applicant’s own account of discussions with H not evidence of somebody filing actual grievance, but only intention to do so – Found finding reinforced by applicant’s evidence H provided applicant with information on how to raise grievance – Found applicant only raised concerns, expressed intention to file personal grievance but failed to do so within 90 days – Found grievance not raised in time |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Department of Corrections v Waitai [2010] NZEmpC 164 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Wellington_97.pdf [pdf 23 KB] |