| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 440 |
| Determination date | 11 October 2011 |
| Member | R Larmer |
| Representation | B Higgins (in person) ; J Mettrick |
| Location | Auckland |
| Parties | Higgins v Spa & Pool Warehouse Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant did not raise grievance within 90 days – Applicant’s employment verbally terminated – Respondent claimed first became aware of personal grievance when applicant lodged statement of problem with Authority after expiry of 90 day period – Applicant claimed raised personal grievance over telephone – Applicant claimed telephone and email contact with respondent manager (“H”) were reasonable steps and H’s email response demonstrated that H aware of grievance – Respondent claimed applicant did not sufficiently specify what grievance was so respondent could adequately address issue – Respondent claimed made attempts to seek clarification from applicant – Authority found applicant’s telephone conversation and email did not properly raise personal grievance – Found applicant did not give positive notice of claim and no remedies specified – Found respondent not on notice of how applicant wanted grievance resolved – Found applicant merely expressed dissatisfaction and unhappiness with employment – Found applicant did not take reasonable steps to make respondent aware of personal grievance and how applicant wanted it addressed – Found grievance not raised within 90 days – Sales and Pool Care Customer Service Representative |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(2);ERA s114(3) |
| Cases Cited | Chief Executive of the Department of Corrections v Waitai [2010] NZEMPC 164;Coy v Commissioner of Police unreported, Colgan CJ, 19 Nov 2007, CC 23/07;Creedy v Commissioner of Police [2006] ERNZ 517;Goodall v Marigny (NZ) Ltd [2000] 2 ERNZ 60;Hawkins v Commissioner of Police [2007] ERNZ 762;Melville v Air New Zealand Ltd [2010] NZEMPC 87;Ruebe-Donaldson v Sky Network Television Ltd unreported, Travis J, 13 Aug 2004, AC 44/04;Winstone Wallboards v Samate [1993] ERNZ 503 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Auckland_440.pdf [pdf 47 KB] |