| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 102 |
| Hearing date | 11 Feb 2015 |
| Determination date | 31 March 2015 |
| Member | J Crichton |
| Representation | C Heaps (in person) ; M Heynen |
| Location | Auckland |
| Parties | Heaps v Cameron Civil Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Series of family tragedies during 90 day period following dismissal |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Applicant having to deal with terminal illness of three close family members exceptional circumstance. Applicant's distress sufficiently serious and precluded applicant from properly considering raising grievance. Fact applicant worked for short period not enough to conclude applicant capable of dealing with grievance in business-like manner. Applicant consulted lawyer at end of 90 day period and relied on lawyer to submit grievance on time. Failure to raise grievance in time caused by exceptional circumstances. Ten days' delay in raising grievance not significant and any prejudice to respondent slight. Arguable applicant took proper steps to raise grievance in time. Applicant's case at least arguable. Just to grant leave. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s114;ERA s114(5);ERA s115;ERA s115(a);ERA s115(b) |
| Cases Cited | Aberdeen v Air New Zealand Ltd [2011] NZERA Christchurch 48;Austin v Silver Fern Farms Ltd [2014] NZEmpC 30, (2014) 10 NZELC 79-039;Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7;GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323 (CA);Melville v Air New Zealand Ltd [2010] NZEmpC 87, (2010) 9 NZELC 93,700;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_102.pdf [pdf 154 KB] |