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Osborne v J A Ramsay Transport Ltd
21 Dec 2006, G Wood, WA 181/06, (13 pages)
RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant alleged constructive dismissal - No written employment agreement - Respondent belatedly offered written agreement - Applicant declined to sign, rightly noting it contained three month probationary period even though already employed longer than that - Applicant alleged raised grievance in letter to respondent - Respondent denied receiving letter - Objected to application for leave to raise grievance out of time and proceeded under protest to jurisdiction - Significant alleged letter not referred to in statement of problem and never referred to until 90-day issue raised - On balance of probabilities, more likely than not letter not sent - Other scenarios did not explain why no follow up action taken - Applicant submitted exceptional circumstances existed based on poor health and ignorance of law - Ignorance of law could not apply as applicant took legal advice very soon after resigned - No medical evidence to support claim unable to properly consider raising grievance - In any event, applicant's evidence sent letter and took advice negated exceptional circumstances claim - In event Authority wrong, would find no constructive dismissal - Two issues better dealt with as arrears claim - Other claims not cause of applicant's resignation - ARREARS OF WAGES - Applicant to be paid for four trips - Wages due and owing - Driver
Result: Application dismissed (Personal grievance) ; Application granted (Arrears) ; Arrears of wages ($162) ; Costs reserved
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