| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 38 |
| Determination date | 30 March 2015 |
| Member | D Appleton |
| Representation | K Usmar ; D Hudson |
| Parties | Sweney v Wanaka Hardware & Building Supplies Ltd t/a Mitre 10 |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether Applicant sought leave to raise grievance out of time – Applicant had sought legal advice in order to raise personal grievance claim - Applicant claimed lawyers’ negligence constituted exceptional circumstances - Shop assistant |
| Abstract | AUTHORITY FOUND-RAISING PERSONAL GRIEVANCE: Authority ordered non-publication of specified lawyer’s identity. Letter from first lawyer only stated applicant intended to raise grievance. First lawyer failed to raise grievance properly in time. Grievance not raised within 90 days. Second lawyer failed to make urgent application to raise grievance out of time. Applicant should have been more proactive about chasing up lawyers regarding delay. Applicant had not reasonably relied on lawyers for whole period of delay. No exceptional circumstances. Leave to raise grievance out of time declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s 114;ERA s114(1);ERA s114(3);ERA s 114(4);ERA s 114(4)(b);ERA s115;ERA s115(a);ERA s115(b);ERA s115(c);ERA s115(d);ERA s 219 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_38.pdf [pdf 255 KB] |