| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 5 |
| Determination date | 15 January 2013 |
| Member | T MacKinnon |
| Representation | V d'Or ; B Buckett |
| Parties | Simpson v Fostering Kids (New Zealand Family and Foster Care Federation) |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Whether respondent received second letter – Whether delay in raising grievance caused by illness of applicant’s lawyer – Applicant lawyer |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Initial letter to respondent did not raise grievance. Grievance not raised within 90 days. Illness of applicant’s lawyer did not constitute exceptional circumstances for raising of grievance outside 90 day period. Unclear whether applicant’s lawyer sent second letter. No evidence applicant instructed lawyer to provide further information to respondent. Leave to raise grievance out of time declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s115;ERA s115(b) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 51;Idea Services Ltd (in stat man) v Barker (2013) 10 NZELR 262;McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) (2005) 2 NZELR 402 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Wellington_5.pdf [pdf 176 KB] |