| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 274 |
| Hearing date | 11 Jun 2013 |
| Determination date | 02 July 2013 |
| Member | E Robinson |
| Representation | B Austin (in person) ; E Coats |
| Location | Auckland |
| Parties | Austin v Yoobee Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Applicant engaged lawyer – Applicant advised by lawyer personal grievance raised |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant inexperienced in employment law matters. Applicant entitled to rely on representations from lawyer. Onus on lawyer to meet statutory requirements for raising grievance. Delay explained by erroneous advice from lawyer. Delay not prohibitive to granting leave. Issues sufficient to merit Authority investigation. No significant disadvantage to respondent. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(4)(b);ERA s114(6);ERA s115;ERA s115(b) |
| Cases Cited | Austin v Yoobee Ltd [2013] NZERA Auckland 37;Creedy v Commissioner of Police [2008] ERNZ 109 ; [2008] 3 NZLR 7;Davies v Dove Hawkes Bay Inc (2013) 10 NZELC 79-027;Gibson v G F W Agri-Products Ltd [1994] 2 ERNZ 309;Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_274.pdf [pdf 184 KB] |