| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 293 |
| Hearing date | 2 Apr 2012 |
| Determination date | 28 August 2012 |
| Member | A Dumbleton |
| Representation | J Robertson ; S Clews |
| Location | Auckland |
| Parties | Robertson v M & L Mexted Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant’s claim not unmeritorious but delays not caused only by actions of applicant’s advocate but also by applicant’s inaction – Found not appropriate to exercise discretion to grant applicant leave to raise grievance out of time – Leave to raise grievance out of time declined – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - Respondent to pay applicant $923 arrears of wages and $404 arrears of holiday pay - Interest payable - Farm Worker |
| Abstract | Applicant employed as farm worker. Applicant sought arrears of wages and holiday pay and leave to raise grievance outside three year time limit. Applicant engaged advocate (“W”) and Department of Labour established $333 arrears of holiday pay outstanding. Respondent claimed applicant's annual holiday entitlement included in applicant’s wages. Applicant wife (“M”) discovered W had not completed work but had taken fee paid by applicant and applicant’s paperwork. M contacted W’s employer and Police in attempt to obtain paperwork. M told respondent delay in pursuing grievance due to family death and birth of child. M claimed posted letter to Authority lodging proceedings just before three year time limit expired. Authority had no record of proceedings. Applicant resent documents three months later. Respondents claimed applicant had not explained failure to lodge proceedings in time and nothing done for two years after W instructed. Matter eight and a half months out of time. Respondents accepted some arrears of wages and holiday pay.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: No evidence of potential prejudice as respondents available to give evidence. Respondents would lose benefit of statutory deadline however applicant would lose ability to pursue personal grievance. Claim not unmeritorious. Delays not caused only by A’s actions but also by applicant’s inaction. Not appropriate to exercise discretion to grant applicant leave to raise grievance out of time. Leave to raise grievance out of time declined.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $923 arrears of wages and $404 arrears of holiday pay. Interest payable. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($923.56) ; Arrears of holiday pay ($404.46) ; Interest (5%) ; Application dismissed (raising personal grievance) ; Costs to lie where they fall |
| Main Category | Raising PG |
| Statutes | ERA s114(6);ERA s219;Judicature Act 1908 s87 |
| Cases Cited | Roberts v Commissioner of Police unreported, Colgan CJ, 27 June 2006, AC33/06;Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_293.pdf [pdf 156 KB] |