| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 51 |
| Hearing date | 17 Mar 2015 |
| Determination date | 21 April 2015 |
| Member | D Appleton |
| Representation | M Middlemass ; D Jackson |
| Parties | Bentley and Eddington v BRKEL Holsteins Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days –Applicants sought leave to raise grievance out of time – Farm workers |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Letter purporting to raise grievance sent within 90 days. Letter sufficiently specific to raise grievance properly. Words “without prejudice save as to costs” did not matter because letter not proper without prejudice letter. Grievance raised within 90 days. Even if letter not sufficiently specific, exceptional circumstances existed as agent who sent letter qualified lawyer who should understand requirements for raising grievance. Applicant’s delay not excessive. Leave to raise grievance out of time would have been granted if needed. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ERA s114(4);ERA s115;ERA s158 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Jordan v K Pasgaard & Co Ltd [2011] NZERA Auckland 231 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_51.pdf [pdf 278 KB] |