| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 225 |
| Determination date | 31 July 2015 |
| Member | A Fitzgibbon |
| Representation | P Muller ; D Hudson |
| Location | Auckland |
| Parties | Mathew v Mainland Poulty Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Site maintenance fitter |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Grievance raised one day out of time. Respondent’s letter asking applicant to consider mediation arguably implied consent to raise grievance out of time. Applicant made reasonable and timely arrangements to have grievance raised by agent. Experienced agent’s miscalculation of 90 time limit unreasonable. Just to grant applicant leave to raise grievance out of time. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(3);ERA s114(4);ERA s114(5);ERA s115;ERA s115(b);ERA s115(c);ERA s174 |
| Cases Cited | Davies v Doves Hawkes Bay Inc [2013] NZEmpC 83;Phillips v Net Tel Communications [2002] 2 ERNZ 340 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_225.pdf [pdf 242 KB] |