Personal grievance devil's in the detail | Stuff.co.nz

OPINION: It is not too hard to picture an employee who has been dismissed storming out of the office yelling: "I am bringing a personal grievance - see you in court".

Sounds very Boston Legal, but it does sometimes happen. The question is, then, whether this type of proclamation is enough to validly raise a grievance under the Employment Relations Act.

On the face of it, raising a personal grievance sounds easy. In reality, there is more to getting it right than one would think.

The universal ability of employees in New Zealand to pursue a personal grievance over the way they have been treated in their employment was introduced by a National government in the early 1990s. How grievances are commenced has changed little since that time.

An employee has to "raise a personal grievance", which essentially means letting the employer know that they have a specific complaint to make about their employment.

Personal grievances can be made alleging unjustified dismissal, unjustified disadvantage, discrimination, and sexual and racial harassment.

Importantly, there is a time limit of 90 days in which to raise a personal grievance with an employer. This starts from the date of the event giving rise to the grievance, or when the employee became aware of the event, and is 90 calendar days - not business days.

Where the complaint is about conduct that is ongoing, as in some cases of sexual harassment or bullying, 90 days begins from the most recent occurrence of the inappropriate behaviour.

Essentially, raising a personal grievance requires the employee to notify the employer of their grievance in enough detail that the employer can respond.

Specific words do not need to used, nor does it need to be done in a particular format or through a particular medium. The employee can tell the employer verbally, write a letter, or send an email. What matters is the timing and the content - and this has been the subject of several cases before the Employment Relations Authority.

The recent case of Idea Services Ltd v Valerie Barker is an example. Barker was employed as a community service worker for Idea Services, an organisation that provides support to people with intellectual disabilities throughout New Zealand.

Issues arose with Barker's employment and, after a meeting with her manager, she was advised that she was being dismissed with two weeks' pay in lieu of notice.

At the meeting, her union representative tried to raise a personal grievance, saying, "We will be taking action for Ms Barker under s103 of the CEA Personal Grievance and also the Health and Safety in Employment Act."

The Employment Court considered that the words used by Barker's union representative were not enough to validly raise a personal grievance. The employer could not tell from what the representative said what Barker was complaining about in enough detail to enable it to respond.

After the meeting, Barker wrote to her employer advising that she was taking this opportunity to inform them that she would "be pursuing a personal grievance against yourself as Lakeland Branch, Community Service Manager".

The court again considered that this was not clear enough for the same reasons.

In an earlier case (Creedy v Commissioner of Police), the court held that it is not enough for an employee to say that they have a personal grievance, to refer to the particular section of the Employment Relations Act 2000, or to simply say that they consider they have been unjustifiably dismissed.

What matters is whether they have provided enough detail for the employer to respond with a view to resolving the grievance soon and informally.

The employer needs to know why the employee is complaining. For example, what exactly is it about the dismissal that they consider unjustified and why?

An employee who fails to raise a personal grievance within 90 days, or in enough detail, risks not being able to pursue their grievance. They lose their recourse to any remedy - no lost wages, no compensation for hurt and humiliation, and no possibility of reinstatement.

An employee may raise a grievance outside of the 90 days only with the consent of the employer, or where exceptional circumstances exist. Not having an employment agreement explaining the 90-day rule, as required by law, may be grounds for exceptional circumstances.

Exceptional circumstances may also exist where the employee has been so affected by the matter that they were unable to take action sooner. This is a very high standard to meet - it essentially requires the employee to show they were so incapacitated on each day of the 90-day period that they could not have taken steps to raise a grievance.

Another ground for exceptional circumstances is where the employee has made reasonable arrangements with a union representative or lawyer to raise the grievance on their behalf, and that person has failed to do so within the required time frame. Shameful as it is, this ground is most often successful.

Both employers and employees need to understand how the 90-day period for raising a grievance works. Employees need to make sure they provide enough information and get the grievance in within the 90-day period.

Conversely, employers should always check that any grievance raised is within the statutory time period and enough information is provided. If not, the claim may be thrown out before it starts.

- Susan Hornsby-Geluk is a partner at Chen Palmer, New Zealand public and employment law specialists.

- ? Fairfax NZ News

Source: http://www.stuff.co.nz/business/opinion-analysis/7879047/Personal-grievance-devils-in-the-detail

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OpEdNews - Article: Emergency preparedness checklist for perfect ...

Cross-posted from Natural News Called a "monster storm," Hurricane Sandy is much more than a hurricane. It's a?hybrid monster storm system?that weather experts are now warning could cause $1 billion in damage when it strikes the U.S. eastern seaboard early Tuesday morning.

If you're living anywhere near Philadelphia, Boston, Delaware or surrounding states, you have a very limited window of opportunity to get ready with everything you'll need to ride out this storm. That's the purpose of this article: To give you an emergency preparedness checklist for surviving this "monster storm."

Even if you don't live nearby, this storm can serve as an important reminder: We must ALL be prepared for unexpected events, or we can easily be caught empty-handed.

A long-lasting event: 2-3 days of being hammered by Mother Nature ?

Hurricane Sandy is not some simple hurricane that blows through in one night and then is over. "It's going to be a long-lasting event, two to three days of impact for a lot of people,"?said James Franklin?of the?National Hurricane Center in Miami. "Wind damage, widespread power outages, heavy rainfall, inland flooding and somebody is going to get a significant surge event."

Given that it usually takes another 2-3 days for cleaning up city streets after a massive snowfall event, this means the following:

!!?You need to have a 6-day food and water supply ready right now!?!!?

That's 3 days for the storm and 3 days for cleanup. And that's if nothing else goes terribly wrong. In a worst-case scenario, this could extend to 7-10 days in some of the harder-hit areas.

Local grocery stores are already sold out of essential items ?

Anthony Gucciardi of?NaturalSociety.com?lives in the area expected to be hit by this super storm. Here's his first-hand report from earlier today:

"Major grocery stores in the area have completely sold out of essential items like batteries, bottled water, and even highly processed snack foods that do not require preparation or refrigeration. I personally went to purchase a few minor items for my?preparedness?kit from a local grocery outlet that is quite large and witnessed completely empty shelves within the aisle that generally contains large amounts of water bottles along with gallon jugs, and various glass sparkling?water?bottles. The aisle that houses the batteries (particularly the heavy duty kind used for most flashlights) was also almost entirely dry. When shopping I also saw several individuals with the government-approved 'survival'?checklist, striking off the items one by one as they acquired them.

"Last year's hurricane Irene prompted somewhat of a response from locals within the Philadelphia and New York City area in regards to preparation and concern, but this hurricane has generated one that is far more severe. It is conservative to say that by the end of this weekend going into the storm (assuming it does hit as predicted), most if not all local stores will be out of most essential and even non-essential items. And this is just a few days after the news of the storm hit the mainstream media."

See my complete preparedness checklist, below...

Staying warm ?

Another huge concern with all this is the possibility that?the power may be out.?As temperatures drop, this could put many people in the position of having to endure very cold indoor temperatures. This lack of heating could endure for many days, even as long as two weeks in some areas.

The best defense against the cold is, of course, to have good shelter (a roof over your head), warm clothing and extra sleeping bags for all family members.

Do NOT plan on using propane heaters indoors as these are a health hazard and a fire hazard when used indoors. Same story with candles.

Water: Do you have enough? ?

Imagine a week without tap water. Now you're starting to get the picture of what may be coming.

If this storm hits as promised, you're going to be living in?third-world conditions?for about a week. Most Americans have never lived in a third-world country like I have, so they've never really tried to live without running water, electricity, grocery stores, and so on. (It's no fun, believe me. Nothing like a cold sponge shower to wake you up in the morning, eh?)

You'll need a MINIMUM of 2 gallons per day, per person, stored in your home or apartment. So if there are two of you living there, and you're planning for six days without running water, you will need?24 gallons of water?stored, got it?

?1 ?| ?2 ?| ?3 ?| ?4

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Source: http://www.opednews.com/articles/Emergency-preparedness-che-by-Mike-Adams-121027-438.html

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Threat of superstorm launches mass evacuations in coastal areas

SHIP BOTTOM, N.J. (AP) ? Forget distinctions like tropical storm or hurricane. Don't get fixated on a particular track. Wherever it hits, the rare behemoth storm inexorably gathering in the eastern U.S. will afflict a third of the country with sheets of rain, high winds and heavy snow, say officials who warned millions in coastal areas to get out of the way.

"We're looking at impact of greater than 50 to 60 million people," said Louis Uccellini, head of environmental prediction for the National Oceanic and Atmospheric Administration.

As Hurricane Sandy barreled north from the Caribbean ? where it left nearly five dozen dead ? to meet two other powerful winter storms, experts said it didn't matter how strong the storm was when it hit land: The rare hybrid storm that follows will cause havoc over 800 miles from the East Coast to the Great Lakes.

"This is not a coastal threat alone," said Craig Fugate, director of the Federal Emergency Management Agency. "This is a very large area."

President Barack Obama was monitoring the storm and working with state and locals governments to make sure they get the resources needed to prepare, administration officials said.

New Jersey Gov. Chris Christie declared a state of emergency Saturday as hundreds of coastal residents started moving inland and the state was set to close its casinos. New York's governor was considering shutting down the subways to avoid flooding and half a dozen states warned residents to prepare for several days of lost power.

Sandy weakened briefly to a tropical storm early Saturday but was soon back up to Category 1 strength, packing 75 mph winds about 305 miles south-southeast of Cape Hatteras, N.C., as of 11 p.m. Forecasters said the storm was spreading tropical storm conditions across the coastline of North Carolina, and they were expected to move up the mid-Atlantic coastline late Sunday. Experts said the storm was most likely to hit the southern New Jersey coastline by late Monday or early Tuesday.

Governors from North Carolina, where heavy rain was expected Sunday, to Connecticut declared states of emergency. Delaware ordered mandatory evacuations for coastal communities by 8 p.m. Sunday.

Christie, who was widely criticized for not interrupting a family vacation in Florida while a snowstorm pummeled the state in 2010, broke off campaigning for Republican presidential nominee Mitt Romney in North Carolina on Friday to return home.

"I can be as cynical as anyone," the pugnacious chief executive said in a bit of understatement Saturday. "But when the storm comes, if it's as bad as they're predicting, you're going to wish you weren't as cynical as you otherwise might have been."

The storm forced the presidential campaign to juggle schedules. Romney scrapped plans to campaign Sunday in the swing state of Virginia and switched his schedule for the day to Ohio. First lady Michelle Obama canceled an appearance in New Hampshire for Tuesday, and Obama moved a planned Monday departure for Florida to Sunday night to beat the storm. He canceled appearances in Northern Virginia on Monday and Colorado on Tuesday.

In Ship Bottom, just north of Atlantic City, Alice and Giovanni Stockton-Rossini spent Saturday packing clothing in the backyard of their home, a few hundred yards from the ocean on Long Beach Island. Their neighborhood was under a voluntary evacuation order, but they didn't need to be forced.

"It's really frightening," Alice Stockton-Rossi said. "But you know how many times they tell you, 'This is it, it's really coming and it's really the big one' and then it turns out not to be? I'm afraid people will tune it out because of all the false alarms before ... (but) this one might be the one."

A few blocks away, Russ Linke was taking no chances. He and his wife secured the patio furniture, packed the bicycles into the pickup truck, and headed off the island.

What makes the storm so dangerous and unusual is that it is coming at the tail end of hurricane season and the beginning of winter storm season, "so it's kind of taking something from both," said Jeff Masters, director of the private service Weather Underground.

Masters said the storm could be bigger than the worst East Coast storm on record ? the 1938 New England hurricane known as the Long Island Express, which killed nearly 800 people. "Part hurricane, part nor'easter ? all trouble," he said. Experts said to expect high winds over 800 miles and up to 2 feet of snow as far inland as West Virginia.

And the storm was so big, and the convergence of the three storms so rare, that "we just can't pinpoint who is going to get the worst of it," said Rick Knabb, director of the National Hurricane Center in Miami.

Officials are particularly worried about the possibility of subway flooding in New York City, said Uccellini.

New York Gov. Andrew Cuomo told the Metropolitan Transportation Authority to prepare to shut the city's subways, buses and suburban trains by Sunday, but delayed making a final decision. The city shut the subways down before last year's Hurricane Irene, and a Columbia University study predicted that an Irene surge just 1 foot higher would have paralyzed lower Manhattan.

Up and down the Eastern Seaboard and far inland, officials urged residents and businesses to prepare in big ways and little.

On Saturday evening, Amtrak began canceling train service to parts of the East Coast, including between Washington, D.C., and New York. Airlines started moving planes out of East Coast airports to avoid damage and adding flights out of New York and Washington on Sunday in preparation for flight cancellations on Monday.

The Virginia National Guard was authorized to call up to 500 troops to active duty for debris removal and road-clearing, while homeowners stacked sandbags at their front doors in coastal towns. At a Home Depot in Virginia Beach, employee Dave Jusino said the store was swamped with customers.

"We have organized chaos, is what I call it," Jusino said. "We organize a group of 10 associates, give them certain responsibilities and we just separate the lines, organize four customers at a time, load up their cars and get them out the door and then take the next customers."

Utility officials warned rains could saturate the ground, causing trees to topple into power lines, and told residents to prepare for several days at home without power. "We're facing a very real possibility of widespread, prolonged power outages," said Ruth Miller, spokeswoman for the Pennsylvania Emergency Management Agency.

Warren Ellis, who was on an annual fishing pilgrimage on North Carolina's Outer Banks, didn't act fast enough to get home. Ellis' 73-year-old father managed to get off uninhabited Portsmouth Island near Cape Hatteras by ferry Friday. But the son and his camper got stranded when high winds and surf forced the ferry service to suspend operations Saturday.

"We might not get off here until Tuesday or Wednesday, which doesn't hurt my feelings that much," said Ellis, 44, of Amissville, Va. "Because the fishing's going to be really good after this storm."

Last year, Hurricane Irene poked a new inlet through the island, cutting the only road off Hatteras Island for about 4,000.

In Connecticut, the Naval Submarine Base in Groton prepared to install flood gates and pile up sandbags to protect against flooding while its five submarines remain in port through the storm.

Lobsterman Greg Griffen in Maine wasn't taking any chances; he moved 100 of his traps to deep water, where they are less vulnerable to shifting and damage in a storm.

"Some of my competitors have been pulling their traps and taking them right home," said Griffen. The dire forecast "sort of encouraged them to pull the plug on the season."

In Muncy Valley in northern Pennsylvania, Rich Fry learned his lesson from last year, when Tropical Storm Lee inundated his Katie's Country Store.

In between helping customers picking up necessities Saturday, Fry was moving materials above the flood line. Fry said he was still trying to recover from the losses of last year's storm, when he estimates he lost $35,000 in merchandise.

"It will take a lot of years to cover that," he said.

Christie's emergency declaration will force the shutdown of Atlantic City's 12 casinos for only the fourth time in the 34-year history of legalized gambling here. The approach of Hurricane Irene shut down the casinos for three days last August.

Atlantic City officials said they would begin evacuating the gambling hub's 30,000 residents at noon Sunday, busing them to mainland shelters and schools.

Tom Foley, Atlantic City's emergency management director, recalled the March 1962 storm when the ocean and the bay met in the center of the city.

"This is predicted to get that bad," he said.

Eighty-five-year-old former sailor Ray Leonard said if he had loved ones living in the projected landfall area, he would tell them to leave. Leonard knows to heed the warnings.

He and two crewmates in his 32-foot sailboat, Satori, rode out 1991's infamous "perfect storm," made famous by the Sebastian Junger bestseller of the same name, before being plucked from the Atlantic off Martha's Vineyard, Mass., by a Coast Guard helicopter.

"Don't be rash," Leonard said in a telephone interview Saturday from his home in Fort Myers, Fla. "Because if this does hit, you're going to lose all those little things you've spent the last 20 years feeling good about."

___

Breed reported from Raleigh, N.C. Contributing to this report were AP Science Writer Seth Borenstein in Washington; Emery Dalesio in Kill Devil Hills, N.C.; Karen Matthews in New York; Glenn Adams in Augusta, Maine; Randall Chase in Lewes, Del.; Rodrique Ngowi in Boston; Ron Todt in Philadelphia and Nancy Benac in Washington.

Source: http://news.yahoo.com/us-superstorm-threat-launches-mass-evacuations-214445032.html

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Syria airforce bombs cities, truce "practically over"

AMMAN (Reuters) - Syrian jets bombarded Sunni Muslim regions in Damascus and across the country on Sunday, activists said, as President Bashar al-Assad kept up air strikes against rebels despite a U.N.-brokered truce that now appears to be in tatters.

"The ceasefire is practically over. Damascus has been under brutal air raids since day one and hundreds of people have been arrested," said veteran opposition campaigner Fawaz Tello.

"Assad has been trying to use the truce to seize back control of areas of Damascus," said Tello, who is well connected with rebels.

Speaking from Berlin, Tello said Sunni districts in the city of Homs, 140 km (90 miles) north of Damascus, and surrounding countryside came under Syrian army shelling on Sunday.

Both sides in the 19-month-old conflict have violated the ceasefire intended to mark the Muslim religious holiday of Eid al-Adha. The truce, brokered by international peace envoy Lakhdar Brahimi, was supposed to come into effect on Friday, the first day of the four-day holiday.

Syrian authorities blame "armed terrorists" for breaking the truce and the opposition says a ceasefire is impossible while Assad continues to move his tanks and use heavy artillery and jets against populated areas.

Brahimi hopes to end the conflict that has killed at least 32,000 people and worsened instability in the Middle East. It began when a popular revolt broke out in March last year against four decades of authoritarian rule by Assad and his late father, President Hafez al-Assad.

The ceasefire appeal had won widespread international support, including from Russia, China and Iran, President Assad's main foreign allies.

But the truce seems destined to share the fate of failed peace efforts that have preceded it, with dozens of people continuing to be killed daily and international and regional powers at odds while they back different sides.

A sectarian divide between Assad's minority Alawite sect a and Syria's majority Sunnis is also growing, fuelling religious fervor in the region and driving more foreign jihadists into the country.

In the capital Damascus, activists and residents reported large explosions and plumes of smoke rising over the city as Syrian airforce jets bombed the suburbs of Zamalka, Irbin, Harasta and Zamalka.

A statement by the Harasta Media Office, an opposition activists' group, said aerial and ground bombardments had killed at least 45 people in the district since Friday.

Electricity, water and communications had been cut and dozens of wounded at the Harasta National Hospital had been moved as the bombardment closed in, the statement said.

Activists also reported fighting in the suburb of Douma to the northeast, where Free Syrian Army fighters have been attacking roadblocks manned by forces loyal to the government.

Assad is a member of the minority Alawite sect, which is distantly related to Shi'ite Islam. It has dominated majority-Sunni Syria since the 1960s, when Alawite officers assumed control of a military junta that had taken power in a coup.

Warplanes also hit towns and villages in the eastern province of Deir al-Zor, the northern provinces of Idlib and Aleppo, where rebels have been trying to push their advantage in rural areas by cutting off supply lines to the major cities, none of which has fallen completely under opposition control.

CLASHES WITH KURDS

Fighting was reported in the city of Aleppo, Syria's industrial and commercial hub. Rebels attacked several road blocks manned by Assad's loyalists and a 20-year-old girl was killed in army bombardment on Suleiman al-Halabi neighborhood, opposition activists said.

Rebel attempts to portray themselves as a united alternative to Assad suffered a setback when clashes broke out on Saturday in Ashrafieh, a Kurdish district of Aleppo that had up to now stayed out of the fighting. Armed clashes broke out between opposition fighters and members of the Syrian branch of the Kurdish Workers Party (PKK).

Mouhaimen al-Rumaid, coordinator for the opposition Syrian Rebel Front, said the fighting erupted when PKK fighters helped Assad's forces defend a security compound in Ashrafieh that came under rebel attack.

Rumaid said scores of people were killed and rebels seized dozens of PKK members.

"The Ashrafieh incident has to be contained because it could extend to other areas in the northeast where the PKK is well organized," he said.

(Reporting by Khaled Yacoub Oweis, Amman newsroom, editing by Rosalind Russell)

Source: http://news.yahoo.com/syria-bombards-major-cities-weakening-truce-120102793.html

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Ericsson seeks more cost cuts as slowdown bites

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