| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 58 |
| Hearing date | 17 May 2012 |
| Determination date | 30 May 2012 |
| Member | P R Stapp |
| Representation | M McAleer ; D McLeod |
| Location | Napier |
| Parties | Cotter v Williams and Anor |
| Other Parties | Cavalier Spinners Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Authority found failure to raise grievance in time caused by exceptional circumstances - Found just to grant leave - Leave to raise grievance out of time granted |
| Abstract | Applicant sought leave to raise grievance out of time. Applicant dismissed by respondent and engaged lawyer (M"). M wrote to respondent seeking information and met with applicant to discuss merits of legal action. M accepted failed to take proper steps to raise grievance within 90 day period and claimed failure due to personal matter.;AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Personal matter caused M not to raise grievance within 90 day period. Applicant made reasonable arrangements to have personal grievance raised by M. Delay in raising grievance occasioned by exceptional circumstances. No prejudice to respondent in granting leave. Just to grant leave. Leave to raise grievance out of time granted." |
| Result | Application granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(5);ERA s115(b) |
| Cases Cited | Melville v Air New Zealand Ltd (2010) 8 NZELR 190 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Wellington_58.pdf [pdf 26 KB] |