| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 29 |
| Determination date | 11 February 2013 |
| Member | D Appleton |
| Representation | O George ; T Cleary |
| Parties | George v Silver Fern Farms Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Unjustified disadvantage - Applicant sought leave to raise grievance out of time - Discrimination by reason of race, employment status and family status - Whether applicant so traumatised applicant unable to raise grievance in time - Whether respondent failed to inform applicant of mechanisms for resolving employment relationship problems |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Unjustified disadvantage grievance raised within 90 days. Discrimination claim not raised within 90 days. Applicant not so traumatised unable to raise grievance in time. Collective agreement failed to provide information on resolution of employment relationship problems. Applicant's delay in raising personal grievance not due to collective agreement failure. Leave to raise grievance out of time declined. |
| Result | Application partially granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s54 - ERA s54(3)(a)(iii) - ERA s65 - ERA s103(a) - ERA s103(b) - ERA s103A - ERA s103(1)(b) - ERA s103(1)(c) - ERA s114 - ERA s114(1) - ERA s114(2) - ERA s114(3) - ERA s114(4) - ERA s114(4)(a) - ERA s114(4)(b) - ERA s115 - ERA s115(a) - ERA s115(c) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_29.pdf [pdf 246 KB] |