| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 20 |
| Hearing date | 5 Feb 2015 |
| Determination date | 17 February 2015 |
| Member | H Doyle |
| Representation | R Ward ; A Gallagher |
| Location | Christchurch |
| Parties | Bos v Netherland Holdings Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Farm assistant |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant knew of dismissal when dismissed over the phone and had concluded at early stage that dismissal wrong and unfair. Grievance not raised within 90 days. Applicant sought legal advice well within 90 day timeframe. Applicant told lawyer wanted to raise grievance after seeing dismissal letter for first time. Lawyer instructed to raise grievance within 90 days. Applicant made reasonable arrangements to have grievance raised. Reasonable for lawyer to request further information from respondent but unreasonable not to raise grievance based on facts already known within 90 days. Lawyer failed unreasonably to raise grievance. Some delay to lawyer's requests for information. Delays in raising grievance not significant and no evidence of prejudice to respondent if leave granted. Merits of case supported grant of leave. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(5);ERA s115;ERA s115(a);ERA s115(b);ERA s115(c) |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Christchurch_20.pdf [pdf 129 KB] |