| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 383 |
| Hearing date | 15 Sep 2014 |
| Determination date | 15 September 2014 |
| Member | R Larmer |
| Representation | L Wong ; M Davies |
| Location | Auckland |
| Parties | Bachu v Truck Leasing Ltd t/a Auto Select Fleet Partners |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Whether exceptional circumstances - Applicant claimed delay of almost five years due to stress over dismissal, separation from wife, and having to care for terminally ill landlord and landlord's elderly mother - Vehicle salesperson |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant failed to provide medical evidence to support claim so affected by dismissal unable to consider raising grievance within time. Unlikely applicant so incapacitated as able to instruct lawyer in the year following dismissal and engage in Employment court litigation relaying to previous employer. Further, applicant able to engage in dissolution proceedings in Family Court. Applicant did not make reasonable arrangements to raise grievance until almost a year after dismissal. Application to raise grievance out of time declined. |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(4);ERA s114(4)(a);ERA s114(4)(b);ERA s115;ERA s115(a);ERA s115(b) |
| Cases Cited | Bachu v Davie Motors Ltd unreported, D King, 14 Aug 2009, AA281/09;Bachu v Davie Motors Ltd [2011] NZEmpC 22 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_383.pdf [pdf 215 KB] |