| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 140 |
| Determination date | 12 November 2012 |
| Member | G J Wood |
| Representation | S Mitchell ; G Jones |
| Location | Wellington |
| Parties | Wroe v CMP Rangitikei Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to respond to grievance out of time – Authority found respondent’s delay not explained adequately – Found no prejudice to applicant and respondent would participate in investigation fully in future – Found important Authority able to determine substantial merits of case – Leave to respond to grievance out of time granted |
| Abstract | Respondent sought leave to respond to grievance out of time. Applicant claimed unjustifiably dismissed by respondent. Nine days after statement in reply (“SIR”) due respondent’s general manager (“M”) stated delay in filing SIR caused by staff changes and respondent would attend to matter promptly. After further contact by Authority, respondent filed SIR. M stated subsequently did not make arrangements for respondent’s solicitors to be instructed on matter until after SIR due because of work pressure. Respondent claimed delay in filing SIR explained, no prejudice to applicant and respondent had reasonable defence to applicant’s grievance. Applicant claimed no good reason for respondent’s omission to respond and length of delay considerable.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Delay not explained adequately and primary reason for delay respondent did not give priority to filing of SIR. No prejudice to applicant and respondent would participate in investigation fully in future. Important Authority able to determine substantial merits of case. Leave to respond to grievance out of time granted. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | EAR;EAR r4;EAR r8;ERA;ERA s181;ERA s219;ERA s221 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_140.pdf [pdf 147 KB] |