| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 145 |
| Determination date | 14 April 2014 |
| Member | J Crichton |
| Representation | C Francis (in person) ; P Robertson |
| Parties | Francis v Real health Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Whether applicant so affected or traumatised by matter giving rise to grievance unable to deal with matter - Whether accord and satisfaction - PRACTICE AND PROCEDURE - Whether grievance commenced within three years |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Letter from applicant did not raise grievance but contemplated raising of grievance in future if certain conditions not met. Grievance not raised within 90 days. No evidence applicant unwell in 90 days after dismissal and evidence did not establish with sufficient particularity extent to which applicant's illness so severe as to prevent applicant taking steps to pursue legal rights. No exceptional circumstances. In any event, not just to grant leave given real prejudice to respondent caused by passage of time, lack of urgency on applicant's part, lack of apparent merit in applicant's claims and fact applicant entered settlement agreement with respondent four years previously. Leave to raise grievance out of time declined.;PRACTICE AND PROCEDURE: Even if grievance raised in letter from applicant, grievance not commenced within three years. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s114(3);ERA s114(4);ERA s114(6) |
| Cases Cited | Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_145.pdf [pdf 159 KB] |