| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 485 |
| Determination date | 10 November 2011 |
| Member | K J Anderson |
| Representation | A Hope ; A Brown |
| Location | Auckland |
| Parties | Nagra v The Chief Executive of the Department of Labour |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant arrested and charged with four dishonesty offences over seven years ago – Applicant suspended pending investigation – Applicant claimed unjustifiably disadvantaged on basis of incomplete and unfair investigation – New Zealand Immigration Service (“NZIS”) restrained from continuing with disciplinary investigation until criminal proceedings complete – Applicant convicted of three criminal offences and NZIS resumed disciplinary proceedings – Applicant dismissed – Applicant resurrected personal grievance claim with Authority prior to dismissal – Respondent claimed grievance raised out of time – Respondent claimed applicant had not pursued personal grievance for five years – Applicant claimed respondent withheld information about allegations – Applicant claimed information released following complaint to Ombudsman and Privacy Commissioner – Applicant claimed became aware of unjustifiable actions when information released – Applicant claimed respondent always aware applicant was pursuing claim – Respondent denied aware applicant pursuing personal grievance based on existence of requests for information – Respondent claimed applicant did not raise personal grievance whilst requesting information – Respondent claimed applicant’s criminal case did not depend on identity of complainant – Respondent claimed applicant given every opportunity to defend charges and raise matters – Respondent claimed documents referred to by applicant not relevant to dismissal – Authority found no nexus between material referred to by applicant and reasons given for dismissal or process leading to dismissal – Found due to substantial passage of time grievance not raised within 90 days – Found no exceptional circumstances that would permit applicant to raise grievance out of time – Compliance Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;Privacy Act 1993 |
| Cases Cited | Singh v Chief Executive of the Department of Labour unreported, K Anderson, 21 Jan 2005, AA 17/05;Singh v Chief Executive of the Department of Labour [2005] ERNZ 569 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Auckland_485.pdf [pdf 54 KB] |