ERA notes significant hurdles the worker must overcome in substantive claims despite granting leave to proceed with unjustified dismissal
A credit controller employed from October 2022 was dismissed in July 2024 for ongoing lateness and timekeeping issues after receiving verbal, written, and final written warnings over an eighteen-month period.
The worker contacted an advocate within weeks of dismissal, seeking assistance to raise a personal grievance for unjustified dismissal, but the grievance was not raised until November 2024, 123 days after dismissal and 34 days outside the statutory 90-day time limit.
The employer refused to consent to the grievance being raised out of time, arguing the worker failed to provide sufficiently definitive instructions to his advocate to file within the required period.
The preliminary determination addressed whether exceptional circumstances warranted granting leave to raise the personal grievance after the statutory deadline expired.
The employer is a personal loan company with branches throughout New Zealand. The worker was employed as a credit controller in October 2022, initially at the employer's support office and subsequently at two branch locations.
The worker was provided with an individual employment agreement, which included a clause on punctuality and set out a resolution of employment relationship problems provision, including notification that a personal grievance...
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