| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 1 |
| Determination date | 13 January 2014 |
| Member | D Appleton |
| Representation | S Donald (in person) ; J Pullar |
| Parties | Donald v Pollard Contracting Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought to raise grievance out of time - Statement of problem lodged with Authority within time frame - Authority sent statement of problem to respondent but courier error led to delayed receipt |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Grievance for unjustified disadvantage by suspension not raised within 90 days or at later date. Applicants grievance for unjustified dismissal raised in scant terms but raised with sufficient specificity for respondent to understand complaints. Grievance not raised within 90 days. No fault of applicant grievance not raised. Misdelivery by courier amounted to exceptional circumstance. Leave to raise grievance out of time granted. Parties directed to attend mediation. |
| Result | Application granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s113 - ERA s114 - ERA s114(2) - ERA s114(3) - ERA s114(4) ERA s114(4)(a)- ERA s114(5) - ERA s115 - ERA s115(a) - ERA s115(b) -ERA s115(c) - ERA s115(d) - Holidays Act 2003 - Holidays Act 2003 s27(2) - Wages Protection Act 1983 - Wages Protection Act 1983 s5 - High Court Rules - High Court Rules r6.6(1) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Premier Events Group Ltd v Beattie (No 3) [2012] NZEmpC 79 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_1.pdf [pdf 254 KB] |