| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 145 |
| Determination date | 25 August 2016 |
| Member | Christine Hickey |
| Representation | C Doyle ; W Todd |
| Location | Christchurch |
| Parties | Gillard v Divjot Sandhu Enterprises Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time |
| Abstract | AUTHORITY FOUND -RAISING PERSONAL GRIEVANCE: Letter raising grievance was marked “without prejudice save as to costs”. Entire letter was privileged and cannot be relied on as evidence. Grievance not raised within 90 days. Applicant made reasonable arrangements to have personal grievance raised within 90 days. Exceptional circumstance as unusual for applicant’s lawyer to not raise grievance separately from attempts to settle. Greater injustice would occur to applicant if claims not heard than will be faced by respondent having to defend claims. Leave to raise grievance out of time granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) - ERA s114(4) - ERA s114(5) - ERA s115 - ERA s115(b) - Evidence Act 2006 s57(1) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_145.pdf [pdf 174 KB] |