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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23076
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi. We had an employer who resigned back in December 2012 and

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Hi. We had an employer who resigned back in December 2012 and has now come back to our organisation with a PG for unfair dismissal when we did not dimiss him. He actually resigned - voluntarily. He is saying that he did not know what he was doing at the time and he felt that he was forced into resigning.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The first question is whether this has been raised within the 90 day period to claim a personal grievance. If this is outside the period, then their case is hopeless.

He resigned in December 2012 and it is now May 2013. So it is outside the 90 day period to claim a personal grievance. They say that their lawyer has said that the case is still active within 3 years!!

christhelawyer : their lawyer sadly is mistaken. The Employment relations Act says
christhelawyer : 114Raising personal grievance(1)Every employee who wishes to raise a personal grievance must, subject to subsections (3) and (4), raise the grievance with his or her employer within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period.
christhelawyer : That is pretty clear.
christhelawyer : That does not take into account the substantive defence, that he resigned and didn't get fired.
christhelawyer : He will be claiming constructive dismissal I assume, which is quite difficult to prove anyway.

Yep that seems VERY CLEAR!! So we musnt allow him to think that we are going to consent to have the personal grievance being raised after the expiration period. Please then what would be your advice for us as an organisation to do next?


I am the chairperson of our whanau organisation, and will be talking to our members of our committe about the Employers relations Act and what you have advised - PG would not stand because it's outside the 90 day period. Am seeking support from other members to have a couple of our members to visit with him and deliver our stance. What do you think?

christhelawyer : Actually you can just tell him he is hopelessly late, there is no claim, and only meet if you want to. If he brings whanau to discuss this then you may want to be polite but firm, and say you are sorry but he is dreaming if he thinks he can get anywhere on this.

Ok. Thank you for your advice and am happy to carry out your advice.

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