| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 126 |
| Hearing date | 30 Jun 2011 |
| Determination date | 29 July 2011 |
| Member | P R Stapp |
| Representation | M Williams ; N Bryant |
| Location | Napier |
| Parties | Wallis v Star Food Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise personal grievance out of time – Applicant claimed unjustifiably dismissed by respondent – Applicant raised personal grievance four months after expiration of 90 day timeframe – Applicant claimed gave instructions to union official (“R”) to raise personal grievance – R sought advice and information on whether compensation in redundancy could be available from Union national office – R claimed raised personal grievance orally with respondent – Applicant’s union officials only attended two meetings with respondent and both before applicant made redundant – Union official that attended second meeting could not recall raising personal grievance with respondent – Authority found R did not properly raise personal grievance with respondent as did not raise sought remedies – Found no correspondence between applicant and union supported applicant making arrangements for union to raise personal grievance – Found applicant genuinely believed union would raise personal grievance but did not make definite arrangement – Found no action taken by union to raise personal grievance – Leave to raise grievance out of time declined |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s115(b) |
| Cases Cited | Melville v Air New Zealand [2010] NZEMPC 87 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_126.pdf [pdf 28 KB] |