| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 66 |
| Determination date | 15 July 2015 |
| Member | M B Loftus |
| Representation | M Craigie ; P Chemis |
| Location | Wellington |
| Parties | Craigie v Kiwirail Ltd t/a Tranz Metro Wellington |
| Summary | JURISDICTION – Applicant failed to file claim within three years – Whether exceptional circumstances necessitating extension of time limit – Train driver |
| Abstract | AUTHORITY FOUND –JURISDICTION: No evidence of union tardiness as union acted as best as it could in circumstances. Applicant did not need to study law to file claim and could have used legal advisor, so delay while studying not valid reason. No evidence for why applicant waited seven years after getting advice to file claim. No evidence legal advisors unreasonably failed to file claim in time. In any case, claim barred by Limitation Act 2010. Disadvantageous to parties to allow claim to be filed now. No reason to exercise discretion to extend time limit. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s114(3);ERA s114(6);ERA s115;ERA s115(b);ERA s219;ERA s219(1);ERA s221;ERA s221(c);Limitation Act 2010 |
| Cases Cited | Orakei Korako Geyserland Resort (2000) Ltd v Unsworth [2009] ERNZ 403 (EmpC);Roberts v Commissioner of Police EmpC Auckland AC33/06, 27 June 2006 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_66.pdf [pdf 148 KB] |