Restrictions Includes non-publication order
Jurisdiction Employment Relations Authority - Auckland
Reference No [2013] NZERA Auckland 84
Hearing date 7 Mar 2013
Determination date 12 March 2013
Member A Fitzgibbon
Representation M Moncur
Location Auckland
Parties A v B Ltd
Summary RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Applicant claimed sexually harassed – Alleged sexual harassment occurred almost four years before applicant raised grievance – Applicant claimed did not raise grievance at time as worried about effect of complaint on applicant’s job
Abstract AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Authority ordered non-publication of parties’ identities. No evidence applicant so affected or traumatised by alleged sexual harassment applicant unable to properly consider raising grievance within 90 day period. Failure to raise grievance not occasioned by exceptional circumstances. Leave to raise grievance out of time declined.
Result Application dismissed ; Costs reserved
Main Category Raising PG
Statutes ERA s114;ERA s114(3);ERA s114(4);ERA s115
Number of Pages 4
PDF File Link: 2013_NZERA_Auckland_84.pdf [pdf 197 KB]