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Stott v Redvale Canine Centre Ltd
21 Jun 2007, L Robinson, AA 187/07, (7 pages)
RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant wrote two letters to respondent requesting written statement of dismissal and raising personal grievance - Letters incorrectly addressed and not received - Third letter received outside 90 day period - Section 114(2) Employment Relations Act 2000 proceeded on basis employer made "aware" of alleged grievance - Authority termed awareness "notice" of specific grievance - "Notice" preferred rather than "knowledge" - Notice could be actual or constructive - Presumption necessary and desirable where alleged grievant had done what could reasonably be expected of them to convey notice to employer - As matter of policy, constructive notice permitted, for to deny it would be to licence wilful blindness by unprincipled employer - 90 day period directed at facilitating resolution as near as possible to problem - However, preservation of substantive legal rights and entitlement to pursue them expressly contemplated by s114 - Which deemed "reasonable steps" as a "raised" personal grievance - Alleged grievant should be permitted to run grievance as of right if could show reasonable steps taken in 90 days to fix employer with notice - Accepted taking reasonable steps in particular circumstances may be equivalent to actually raising grievance, irrespective of receipt - In equity and good conscience, preservation of entitlement to pursue grievance prevailed over any consideration directed at ensuring problems resolved expeditiously - Whether actions taken within 90 day period relevant, not whether employer received notice - Section 114 framed only in terms of employee's actions - Authority satisfied applicant took genuine and reasonable steps to make respondent aware of alleged grievance - No compelling reason to deny entitlement to pursue legal rights - Grievance raised within 90 days - Kennel manager
Result: Application granted; No order for costs
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