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PG not valid as it failed to require employer to investigate…

An employee has had his personal grievance claim dismissed because his union failed to properly raise the PG.

The employee had been subject to a disciplinary investigation and given a final warning.  The union wrote raising a PG, but saying that the PG would be “parked” provided the employer did not seek to rely on the warning.

The ERA held that this did not comply with the requirements.  Part of a valid PG is to have an employer investigate the PG at the earliest possible opportunity.  Attempting to hold the PG over the employer and to activate it at some time in the future, if the employer did not do something, did not comply.

What the employee should have done was to raise the PG, have the employer investigate it and then if not satisfied with the outcome the employee had three years to lodge a claim to the ERA, and could “park” the PG up to then.