| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 172 |
| Determination date | 17 June 2015 |
| Member | A Fitzgibbon |
| Representation | Y Lukas ; S Ball |
| Parties | Bali v Henderson Auto Parts (2005) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent impliedly consented to grievance being raised outside 90 days |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Applicant sent email raising grievance to respondent before end of 90 day period. Respondent unable to claim did not receive email as email sent to company email address. Grievance raised within 90 days. In any case, respondent aware of grievance before proceedings began but did not raise issue until after telephone conference. Respondent gave implied consent to grievance being raised out of time. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(1);ECA s33(2) |
| Cases Cited | Jacobsen Creative Surfaces Ltd v Findlater [1994] 1 ERNZ 35 ;;Phillips v Net Tel Communications [2002] 2 ERNZ 340 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_172.pdf [pdf 156 KB] |