| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 304 |
| Determination date | 30 September 2015 |
| Member | James Crichton |
| Representation | S M Baynes (in person) ; K Dunn, G Service |
| Location | Auckland |
| Parties | Baynes v IAG New Zealand Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Whether exceptional circumstances |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: First grievance raised 5 months after dismissal. Second claim only raised years after dismissal when applicant filed claim with Authority. Respondent refused to consent to late raising. Applicant waited years to file claims with Authority and should have brought proceedings earlier, even despite ill health and problems with union. Unjust to allow matter to proceed. Application to raise grievance out of time dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(4) |
| Cases Cited | Davies v Dove Hawke’s Bay Inc [2013] NZEmpC 83, [2013] ERNZ 191;Aberdeen v Air New Zealand Ltd [2011] NZERA Christchurch 48;Telecom New Zealand v Morgan [2004] 2 ERNZ 9 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_304.pdf [pdf 161 KB] |