| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 152 |
| Determination date | 09 September 2016 |
| Member | D Appleton |
| Representation | W Todd ; T Jackson |
| Location | Christchurch |
| Parties | Mitchell v General Back-up Company Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days |
| Abstract | AUTHORITY FOUND;RAISING PERSONAL GRIEVANCE: No evidence service attempted to be effected in bad faith. Reasonable for applicant to rely on respondent’s address for service listed in Companies Register. Section 387 Companies Act 1993 not applicable to service of grievance on company. Reliance on New Zealand Post to effect delivery reasonable. Grievance raised within 90 days. Parties directed to mediation. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | Companies Act 1993 s2(1);Companies Act 1993 s192;Companies Act 1993 s192(2);Companies Act 1993 s387;Companies Act 1993 s388;Companies Act 1993 s388(1)(b);Companies Act 1993 s388A;Companies Act 1993 s392;ERA s114;ERA s114(2);ERA s114(3);ERA s114(4);ERA s123(1)(c)(i) |
| Cases Cited | New Zealand Stevedoring Company Ltd v New Zealand Waterfront Workers Union [1990] NZILR 437 (LC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_152.pdf [pdf 174 KB] |