| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 432 |
| Hearing date | 11 Sep 2013 |
| Determination date | 23 September 2013 |
| Member | E Robinson |
| Representation | N Bradford (in person) ; J Ward |
| Location | Whangarei |
| Parties | Bradford v Earth Crest Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Respondent alleged applicant choosing own hours and working overtime - Respondent suggested applicant take time off - Applicant notified of serious allegation against applicant but no details provided - Applicant agreed to leave employment - Groundsman |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Grievance not raised within 90 days. No employment agreement and no explanation on how to resolve employment relationship problems. Exceptional limb met. Delay not minimal but applicant filed statement of problem promptly after receiving advice. Issues sufficient to merit investigation. No substantial disadvantage to respondent if leave granted. Leave to raise grievance out of time granted. |
| Result | Application granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) - ERA s114(3) - ERA s115(b) - ERA 115(c) - |
| Cases Cited | Gibson v G F W Agri-Products Ltd [1994] 2 ERNZ 309 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_432.pdf [pdf 185 KB] |