| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 65 |
| Determination date | 22 April 2014 |
| Member | D Appleton |
| Representation | P Moore ; R Thompson |
| Parties | Walker v Cookie Time Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether grievances commenced within three years - Whether constructive dismissal grievance raised in e-mail - Cleaner |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant's unjustified disadvantage grievances relating to events pre-dating investigation of harassment complaint against applicant not commenced within three years. Not appropriate to extend time limit for grievances to be commenced given issues investigated by respondent, not clear grievances raised within 90 days and passage of time. E-mail only referred to intention to raise constructive dismissal grievance. Unjustified dismissal grievance and unjustified disadvantage grievances relating to issues after respondent's harassment investigation raised in subsequent letter and grievances commenced within three years. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114;ERA s114(1);ERA s114(6);ERA s219;ERA s219(1);ERA s221;Interpretation Act 1999 s35(2);Interpretation Act 1999 s35(6);Limitation Act 2010 |
| Cases Cited | Roberts v Commissioner of Police unreported, Colgan CJ, 27 June 2006, AC33/06 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_65.pdf [pdf 159 KB] |