| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 250 |
| Determination date | 20 June 2014 |
| Member | T Tetitaha |
| Representation | J Rika (in person) ; L Rika |
| Parties | Rika v Beulah Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days;PRACTICE AND PROCEDURE - Application to extend time frame for commencing action in Authority - Family business - Allegations of violence and drug abuse - Employment matters surfaced after three years of proceedings in other jurisdictions - Criminal and family courts - Truck driver |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Grievance raised within 90 days.;PRACTICE AND PROCEDURE: Inferred reasons for delay included work pressure and appearances in criminal and family courts. Delay 13 days. Given personal nature of grievance unlikely parties' memories dimmed with time. Prima facie case to answer due to admission applicant dismissed. Application to extend time granted. |
| Result | Application granted No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s114;ERA s114(2);ERA s114(6);ERA s148;ERA s219 |
| Cases Cited | An Employee v An Employer [2007] ERNZ 295;Ball v Healthcare of New Zealand Ltd [2012] NZEmpC 91;Creedy v Commissioner of Police [2006] ERNZ 517;Day v Whitcoulls Group Ltd [1997] ERNZ 541;Jack v Faithfull Funeral Services Ltd unreported, Perkins J, 12 July 2006, AC38/06;McDonald v Raukura Haurora O Tainui [2003] 2 ERNZ 322;Roberts v Commissioner of Police unreported, Colgan CJ, 27 Jun 2006, AC 33/06;Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_250.pdf [pdf 174 KB] |