| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 321 |
| Hearing date | 31 May 2011 |
| Determination date | 20 July 2011 |
| Member | R A Monaghan |
| Representation | A Hammond ; A Golightly |
| Location | Whangarei |
| Parties | Sexton v Silver Fern Farms Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed unjustified demotion – Respondent claimed grievance not raised within 90 days – Applicant promoted to team leader of clean-up team – Respondent technical compliance manager (“D”) claimed poor standard of cleaning, excessive hours being worked and disharmony in clean-up team – Respondent plant manager (“M”) and D asked applicant for suggestions as to how issues could be addressed but applicant offered no response – Applicant removed as team leader – Parties disputed when letter raising grievance received by M – Applicant gave letter to colleague (“A”) to deliver to M – A failed to answer summons – Applicant produced dated copy of letter – Authority found more likely M received undated but signed version as Statement of Problem had undated copy attached, Statement in Reply referred to undated letter and undated version in bundle of documents respondent prepared – M included annotation of date on signed version – Found lack of clarity about exactly when letter received – Found appropriate to fix date out of options as one most favourable to applicant – Parties disputed date of meeting in which applicant demoted – D produced notebook and planning note which recorded date of meeting – Applicant claimed notified of meeting by email - Respondent unable to retrieve email – Found more likely meeting occurred according to respondent’s evidence – Found grievance not raised in time – Found in any event letter not sufficient to raise grievance as did not specify remedy being sought – Team Leader |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_321.pdf [pdf 23 KB] |