| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 106 |
| Determination date | 02 November 2015 |
| Member | Trish MacKinnon |
| Representation | R Quirke (in person), J Henderson (in person) ; K Muir, S Doolan |
| Location | Wellington |
| Parties | Quirke and Anor v Hato Paora Trust Board and Anor |
| Other Parties | Henderson ; Lobb |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicants sought leave to raise grievances out of time – COUNTER CLAIM - PRACTICE AND PROCEDURE – Identity of employer – Whether applicants employed by second respondent - Second respondent sought to dismiss applicants’ claims against him – Laundry workers |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Respondent did not find out about grievance claims until 19 months after termination of applicant’s employment. Even if applicants’ union representative had sent letter to respondent when claimed, grievance would still have been raised out of time. Applicants made reasonable attempts to have grievances raised in time. Applicant’s representative unreasonably failed to do so. Exceptional circumstances. Delay not unjust for respondent as applicants could also be disadvantaged by long time period since claim arose. Leave granted to raise grievance out of time.;COUNTER CLAIM - PRACTICE AND PROCEDURE: Second respondent employee of first respondent. Second respondent only acted as manager of applicants, not as employer. Applicants not employed by second respondent. Second respondent removed from proceedings. |
| Result | Applications granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(4);ERA s114(5);ERA s115;ERA s115(b) |
| Cases Cited | Austin v Silver Fern Farms Ltd [2014] NZEmpC 30, (2014) NZELR 600;Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);McMillan v Waikanae Holdings (Gisborne) Ltd t/a McCannics (2005) 7 NZELC 97, 859 (EmpC);Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_106.pdf [pdf 172 KB] |