| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 450 |
| Determination date | 12 December 2012 |
| Member | K J Anderson |
| Representation | A Hope ; T Hipkiss |
| Location | Auckland |
| Parties | Herewini v Te Puna Ora O Mataatua Charitable Trust |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant made reasonable arrangements to have grievance raised on applicant’s behalf and lawyer failed to ensure grievance raised in time – Authority satisfied delay in raising grievance occasioned by exceptional circumstances – Found also just to grant leave on basis nothing to suggest applicant’s claims so lacking in merit should not be investigated by Authority - Leave to raise grievance out of time granted - Parties directed to attend mediation |
| Abstract | Applicant claimed unjustifiably dismissed by respondent. Applicant sought leave to raise grievance out of time. Respondent claimed applicant did not raise grievance within 90 day period and did not consent to applicant raising grievance out of time. Matter determined on papers. Applicant claimed discussed matter with lawyer two months after action amounting to personal grievance occurred and provided lawyer with detailed account of unfair treatment by respondent. Applicant claimed did not discover until almost further two months later lawyer had not raised grievance in time. Respondent claimed entered into “separation agreement” with applicant and applicant received $3,500 payment over and above any of applicant’s entitlements when applicant made redundant.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Intended effect of parties’ separation agreement unclear and noted copy produced at investigation meeting not signed. Unable to give separation agreement particular weight in determining preliminary matter but would require closer analysis at substantive hearing. Applicant made reasonable arrangements to have grievance raised on applicant’s behalf and lawyer failed to ensure grievance raised in time. Satisfied delay in raising grievance occasioned by exceptional circumstances. Also just to grant leave on basis nothing to suggest applicant’s claims so lacking in merit should not be investigation by Authority. Leave to raise grievance out of time granted. Parties directed to attend mediation. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(4);ERA s114(5);ERA s115(b) |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_450.pdf [pdf 142 KB] |