| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 165 |
| Determination date | 20 December 2013 |
| Member | T MacKinnon |
| Representation | H Nash (in person) ; S Davies, M Berryman |
| Parties | Nash v Wellington Regional Chamber of Commerce and Anor |
| Other Parties | New Zealand Trade and Enterprise |
| Summary | PRACTICE AND PROCEDURE – Application to extend timeframe for commencing action in Authority – Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondents – Whether applicant told by employment adviser had six years rather than three to commence proceedings |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Most reasons advanced by applicant for delay in commencing proceedings did not constitute good reasons for not complying with statutory timeframe. Applicant’s adviser did not provide advice relating to personal grievances and applicant did not rely on adviser’s advice relating to statutory timeframe for wages loss claim when filing personal grievance proceedings. Length of delay in commencing proceedings significant. No particular additional prejudice to respondents arising from additional two months and five days delay. No assessment of merits of unjustified disadvantage claim necessary given claim had no chance of being heard. Unjustified dismissal claim did not appear strikingly compelling. Justice would not be served by allowing applicant to proceed. Application to extend timeframe for commencing action in Authority dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(6);ERA s122;ERA s131;ERA s219 |
| Cases Cited | Day v Whitcoulls Group Ltd [1997] ERNZ 541;Nash v Business Capability New Zealand Society Inc [2011] NZERA Wellington 12;Nash v New Zealand Trade and Enterprise [2013] NZEmpC 101;Nash v Wellington Regional Chamber of Commerce [2013] NZERA Wellington 31;Roberts v Commissioner of Police unreported, Colgan CJ, 27 June 2006, AC33/06 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_165.pdf [pdf 112 KB] |