| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 128 |
| Hearing date | 17 Apr 2012 |
| Determination date | 27 June 2012 |
| Member | D King |
| Representation | S Prauner (In person) ; B Nathan |
| Parties | Prauner v Environmental Decontamination Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant’s ill health and legal advice applicant received relevant factors – Found applicant had arguable case - Found despite substantial delay unjust to deny applicant right to have personal grievance heard - Found appropriate to exercise jurisdiction under s219 Employment Relations Act 2000 to grant leave for applicant to file personal grievance outside three year limit – Leave to raise grievance out of time granted |
| Abstract | Applicant sought leave to raise grievance out of time. Applicant sought leave to commence personal grievance outside three year time limit under s219 Employment Relations Act 2000. Likely applicant exposed to toxic substances during employment with respondent. Applicant raised grievance five years ago but did not lodge statement of problem until year ago and more than two years after limitation period expired. Applicant claimed not told of three year time limit. Applicant told by Department of Labour (“DoL”) investigation relating to respondent underway but four year delay before report publicly available. Applicant told by lawyer could not proceed with grievance until copy of DoL report available. Applicant claimed significant health problems after began employment with respondent. Applicant claimed key witness still available to give evidence and had records of some critical conversations with witnesses.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Delay significant but unusual circumstances. Due to witness availability and considerable documentary evidence of events, no real prejudice to respondent if matter allowed to proceed. Applicant’s ill health and legal advice received also relevant factors. Applicant had arguable case. Despite substantial delay unjust to deny applicant right to have personal grievance heard. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(6);ERA s115;ERA s219;Protected Disclosures Act 2000 |
| Cases Cited | Dienes v Alleway unreported, Richardson J, 17 December 1984, CA205/84;Roberts v Commissioner of Police unreported, Colgan CJ, 27 June 2006, AC33/06;Schafer v Blyth [1920] 3 KB 140;Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103;Wright v Anderson [1936] NZLR 315 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_128.pdf [pdf 118 KB] |