| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 370 |
| Determination date | 16 October 2012 |
| Member | J Crichton |
| Representation | P Yalanoa ; S Walls |
| Parties | Fatukala v Goodman Fielder New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found error in filing grievance correctly was due to mistake by applicant’s advocate rather than applicant – Found exceptional circumstances, advocate unreasonably failing to ensure grievance raised within 90 days, justified delay in raising grievance - Leave to raise grievance out of time granted |
| Abstract | Applicant claimed unjustifiably dismissed by respondent. Applicant sought leave to raise grievance out of time. Applicant’s advocate (“T”) filed informal claim in Authority but Authority rejected applicant’s claim due to defects including that T made one application for applicant and another employee’s personal grievances when should have filed separate applications for each employee. T remedied application defects but not until three months after attempted to file original application therefore application received by respondent filed outside 90 day period. Respondent did not consent to grievance being raised out of time. Applicant claimed if Authority had accepted original application grievance would have been filed well within 90 day period.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant instructed T to raise grievance within 90 day period. Error in filing grievance correctly was due to mistake by T rather than applicant. Therefore unjust to deny applicant opportunity of having personal grievance investigated and, although no specific request by T that Authority consider whether were exceptional circumstances justifying delay, appropriate to consider whether delay in raising grievance caused by exceptional circumstances. Exceptional circumstances, T unreasonably failing to ensure grievance raised within 90 days, justified delay in raising grievance. Leave to raise grievance out of time granted. |
| Result | Application granted ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s115;ERA s115(b) |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_370.pdf [pdf 133 KB] |