| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 17 |
| Hearing date | 22 Jan 2015 |
| Determination date | 23 January 2015 |
| Member | E Robinson |
| Representation | E Miles ; |
| Location | Auckland |
| Parties | Taylor v Rebecca Kate Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Text message to applicant sufficient to enable applicant to form reasonable belief respondent intended to terminate applicant's employment. Grievance not raised within 90 days. No evidence applicant provided with explanation concerning resolution of employment relationship problems. One day's delay in raising grievance minimal. Applicant ignorant of 90 day time period and unable to seek legal assistance due to illness following dismissal. Not shown that respondent would be substantially disadvantaged by grant of leave. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s65;ERA s103;ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;ERA s115(c);ERA Second Schedule cl12 |
| Cases Cited | Gibson v G F W Agri-Products Ltd [1994] 2 ERNZ 309 (EmpC);Stott v Ministry of Agriculture [1999] 1 ERNZ 448 (EmpC);Wyatt v Simpson Grierson (A Partnership) [2007] ERNZ 489 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_17.pdf [pdf 176 KB] |