| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 88 |
| Hearing date | 15-Jun-16 |
| Determination date | 17 June 2016 |
| Member | Christine Hickey |
| Representation | P Cahill ; A Mitchell |
| Location | Christchurch |
| Parties | Matete v Innovative Landscapes (2015) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Leave sought to raise grievance out of time |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant’s representatives raised grievance in letter never received by respondent as addressed incorrectly. Representative attempted to call respondent but could not make contact. Respondent only became aware of grievance on receiving statement of problem, 23 days after 90 day period expired. Grievance not raised within 90 days. Actions of applicant’s representatives occasioned delay in raising grievance and amounted to exceptional circumstances. Leave granted to raise grievance out of time. Parties directed to mediation. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(5);ERA s115;ERA s157;ERA s159 |
| Cases Cited | Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7;Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 (CA) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Christchurch_88.pdf [pdf 247 KB] |