Dismissal claim fell well outside 90-day period

An attempt by a Northland quarry' supervisor to raise his claim for unjustified dismissal has been thrown out.

An attempt by a Northland quarry' supervisor to raise his claim for unjustified dismissal outside the statutory timeframe has been thrown out by the Employment Relations' Authority.

Dean Russell started work with Transfield on February 7, 2011, as a quarries' supervisor based at Puketona after signing an individual employment agreement the same day.

He was issued with a speeding infringement for driving at a speed of 144km/h in a 100km/h speed area while at work on January 24, 2014, and was suspended from driving for 28 days. Following a disciplinary process, he was dismissed on March 5, 2014, for serious misconduct and the decision to dismiss was confirmed in writing on March 19.

ERA member Anna Fitzgibbon said it appeared Mr Russell attempted to file a statement of problem in the authority on June 30, 2014, but the statement could not be processed as it did not contain the required information. The statement was correctly filed on August 6.

Transfield filed its statement of reply on August 25.

Mr Russell argued the personal grievance was raised orally through his brother and representative Shaun Russell at a disciplinary meeting held with Transfield on February 24, 2014.

Transfield representative Karissa Marsom told ERA she came away from the meeting with a view that the Russells would challenge whatever decision the company might eventually make.

Ms Marsom said a preliminary decision was conveyed to Dean Russell at the meeting that he was to be dismissed. Shaun Russell said he was putting the company on notice that his brother would file a personal grievance.

Ms Marsom said nothing specific was provided about the grievance other than the fact Transfield was being put on notice. The company argued the grievance was not raised with it until it was served with Dean Russell's statement of problem, well outside the 90-day timeframe.

Ms Fitzgibbon said she did not accept "putting Transfield on notice" constituted raising of a grievance. She also dismissed an application by Dean Russell to raise his personal grievance outside the 90-day time period due to exceptional circumstances.