| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 403 |
| Determination date | 16 September 2011 |
| Member | R Larmer |
| Representation | A Singh ; S Turner, S Clark |
| Location | Auckland |
| Parties | Henry v Chief Executive of the Ministry of Social Development |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant failed to raise grievance in time – Applicant claimed raised grievance in time when sent letter to respondent – Respondent claimed letter showed that applicant was specifically not raising grievance and merely communicated number of concerns – Authority found letter was no more than notice that applicant believed had a grievance as did not set out particular claim, specify remedies or make request to attend mediation – Found letter would have left respondent with impression that applicant had received advice that had grievance claim but elected not to pursue it – Found grievance not raised within 90 days – Customer Services Representative |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2) |
| Cases Cited | Chief Executive of the Department of Corrections v Waitai [2010] NZEmpC 164;Coy v Police unreported, Colgan CJ, 19 November 2007, CC 23/07;Creedy v Commissioner of Police [2006] ERNZ 517;Goodall v Marigny (New Zealand) Ltd [2000] 2 ERNZ 60;Hawkins v Commissioner of Police [2007] ERNZ 762;Melville v Air New Zealand Ltd [2011] NZEmpC 87;Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83;Winstone Wallboards v Samate [1993] ERNZ 503 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_403.pdf [pdf 21 KB] |