| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 244 |
| Determination date | 28 November 2013 |
| Member | M B Loftus |
| Representation | P Pullar ; C McDowall |
| Parties | Guise v Allied Security Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent sent email to applicant 86 days after dismissal – Whether respondent received email |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Email complied with statutory requirements. No evidence showing email not received by respondent. Applicant did everything in power to raise grievance. Failure within server to receive email sufficiently rare to constitute exceptional circumstance. Grievance raised within 90 days. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) – ERA s114(3) – ERA s114(4) |
| Cases Cited | Creedy v Commissioner of Police [2008] ERNZ 109; [2008] 3 NZLR 7 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Christchurch_244.pdf [pdf 95 KB] |