| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 326/02 |
| Hearing date | 6 Nov 2002 |
| Determination date | 07 November 2002 |
| Member | WRC Gardiner |
| Representation | B Cunningham ; M Kamphorst |
| Location | Auckland |
| Parties | Joseph v Juralco Aluminium Building Procducts Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Leave sought to raise grievance out of time - Whether exceptional circumstances - Alleged unable to raise grievance due to trauma associated with grievance - Alleged employment agreement failed to contain clause about 90-day rule - Applicant suffered from depression related to grievance - Trauma was exceptional circumstance - Failure to provide clause about 90 day rule also created exceptional circumstance - Leave granted to raise grievance out of time |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s65;ERA s114;ERA s114(5);ERA s115(a);ERA s115(c) |
| Cases Cited | Para Franchising Ltd v Whyte [2002] 2 ERNZ 120 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |