| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 96 |
| Determination date | 21 March 2013 |
| Member | E Robinson |
| Representation | L Lambert ; A Harlowe |
| Parties | Busch v McCloy & Bridgeman, as agents of Zion Wildlife Gardens Ltd (in liquidation) |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Whether applicant so traumatised by matter giving rise to grievance applicant unable to properly consider raising grievance within 90 days – Applicant claimed respondent failed to provide safe workplace – Applicant plaintiff in High Court case – Interviews for TV and newspaper – Complaint to Police and Ministry of Agriculture and Forestry – Arrest for trespass |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant suffered severe trauma as result of events giving rise to applicant’s grievance. Applicant not so traumatised by events unable to turn mind to raising grievance for whole of 90 day period. Leave to raise grievance out of time declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s114(1);ERA s114(4);ERA s114(4)(a);ERA s114(4)(b);ERA s115;ERA s115(a) |
| Cases Cited | Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_96.pdf [pdf 174 KB] |