| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 91 |
| Hearing date | 8 Dec 2014 ; 11 Mar 2015 (2 days) |
| Determination date | 25 March 2015 |
| Member | A Fitzgibbon |
| Representation | M S Pang ; S Beacham, Y G Xiao |
| Location | Auckland |
| Parties | Zhang and Anor v Golden Moments Restaurant Ltd |
| Other Parties | Li |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicants sought to raise grievance out of time - Applicants threatened to sue" respondent for dismissal if respondent did not help applicants' friend and son with visa application - Incompetent legal advice - Chef and kitchen hand" |
| Abstract | AUTHORITY FOUND -RAISING PERSONAL GRIEVANCE: Employment matters not discussed in context of raising personal grievances of unjustified dismissal to which respondent could address and perhaps resolve. Applicants issued respondent with ultimatum relating to immigration matters. Grievance not raised within 90 days. Exceptional circumstances only claimed in closing submissions. No evidence provided regarding incorrect legal advice. No exceptional circumstances. Leave to raise grievance out of time declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(3);ERA s114(4);ERA s115(a);ERA s115(b);ERA s174 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC)Snowdon v Radio New Zealand Ltd [2014] NZEmpC 45 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_91.pdf [pdf 298 KB] |