Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2011] NZERA Auckland 465
Hearing date 14 Jun 2011
Determination date 28 October 2011
Member D King
Representation L Raki ; G Schunselaar
Location Auckland
Parties Taituha v Chenery Contracting Ltd
Summary RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed grievance raised outside 90 day period – Organiser (“D”) with Northern Amalgamated Workers’ Union claimed told respondent General Manager that applicant’s dismissal unjustified and applicant had grievance – D claimed told respondent Managing Director (“M”) representing applicant and would call later to discuss applicant’s redundancy – D did not contact M again and failed to produce diary to support claims – Respondent informed applicant grievance out of time but received no response – Applicant claimed may have written letter to respondent addressing issue – Authority found no notification to respondent of applicant’s grievance within 90 day period – Found grievance not raised within 90 days
Result Application dismissed ; Costs reserved
Main Category Raising PG
Number of Pages 3
PDF File Link: 2011_NZERA_Auckland_465.pdf [pdf 13 KB]