| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 141 |
| Determination date | 23 April 2012 |
| Member | K J Anderson |
| Representation | S Scott ; G Steele |
| Location | Auckland |
| Parties | Allbon v Nicholson Racing Stables Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant claimed unjustifiably dismissed by respondent - Applicant acknowledged personal grievance raised outside 90 day period but claimed were exceptional circumstances as had not received employment agreement and unaware of grievance process - Respondent accepted sufficient employment agreement not provided - Respondent claimed applicant's grievance lacked merit - Respondent claimed unable to pay any award - Authority found were exceptional circumstances - Found no evidence provided to support respondent's claims - Found just to grant leave - Leave to raise grievance out of time granted |
| Result | Application granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s65;ERA s65(2)(a)(vi);ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(4)(a);ERA s114(4)(b);ERA s114(5);ERA s115(c) |
| Cases Cited | Maynard v Bay of Plenty District Health Board [2011] NZEmpC 175 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_141.pdf [pdf 22 KB] |