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Hawea v The Attorney General in respect of The Chief Executive Officer of the Child Youth and Family Services of Wellington
22 Aug 2006, D King, AA 270/06, (5 pages)
RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90-day period - Whether grievances brought to attention of respondent - Respondent not aware was anything to respond to, believed first issue dealt with - Workload issue raised in context of management issue - Applicant did not dispute what needed to be done regarding workload - Applicant made no attempt to follow up complaints - Mere expression of dissatisfaction did not constitute submission of grievances - Claimed traumatised by failure of respondent to respond to first grievance, that unable to consider raising others - No evidence supporting claim - No exceptional circumstances - Social worker
Result: Application dismissed ; Costs reserved
Kumar v New Zealand Automobile Association Inc.
22 Jan 2007, R Arthur, AA 13/07, (4 pages)
RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 day period - Applicant claimed raised grievance at dismissal meeting - On balance of probabilities more likely than not applicant made no reference to raising grievance at meeting - Consistent with fact sought advice from union about prospects of success - Also claimed grievance raised in letter to Mediation Service requesting mediation and referring to unjustified dismissal - Respondent contacted by Mediation Service ("MS") after 90 day period expired - Applicant had clear obligation under employment agreement to raise grievance with respondent himself - MS does not act as representative of any party to an employment relationship problem - While carrying out statutory duties, MS may communicate information between parties, but that does not extend to notifying grievances - Applicant misunderstood requirement of employment agreement and law - Grievance not properly raised through letter - No exceptional circumstances - Vehicle testing officer
Result: Application dismissed ; No order for costs
Rarere v Electrotech Controls Ltd
21 Jul 2006, GJ Wood, WA 108/06, (9 pages)
RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant's concerns presented to Managing Director ("MD") in written statement - MD asked whether raising personal grievance but received no reply - Employer raising direct question in those circumstances entitled to direct response - Requests overrode possibility of written concerns constituting raising of grievances in and of themselves - Respondent entitled to conclude concerns not raised as grievances in absence of positive response - All claims out of time - Section 122 Employment Relations Act 2000 ("ERA") did not apply to grievances not raised in time - Section 160(3) ERA of general application and interpreted as subordinate to more specific provisions - Could not override specific requirements of s114 ERA - Respondent had reserved right to pursue 90 day issue - No consent to raising grievances out of time - Whether exceptional circumstances - No exceptional circumstances for sexual harassment and discrimination claims - Applicant made reasonable arrangements to have disadvantage and dismissal grievances raised on her behalf - Advocate unreasonably failed to ensure raised in time - New representatives raised grievances two months later - Exceptional circumstances over dismissal grievance continued as applicant acted reasonably in obtaining new representation - As subject matter of dismissal grievance contained in letter recourse could be had to s122 ERA - Authority could determine disadvantage grievance as dismissal grievance - Delay in raising disadvantage and dismissal grievances occasioned by exceptional circumstances - Just to grant leave as applicant had genuine concerns about how employment ended, delays not particularly significant and no evidence of prejudice to respondent in having to defend claims - Failings primarily those of advocate - Implicit in s115(b) ERA applicant should not be disadvantaged by that - Leave to raise grievances out of time granted - Electrical apprentice
Result: Application granted in part ; Parties directed to mediation ; Costs reserved
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