| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 300 |
| Hearing date | 1-Sep-16 |
| Determination date | 01 September 2016 |
| Member | T Tetitaha |
| Representation | V Ammundsen ; P Robertson |
| Location | Auckland |
| Parties | Maday v Avondale College Board of Trustees |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Leave sought to raise grievance out of time |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Grievance not sufficiently raised by letter. Not convinced on balance of probabilities that respondent consented to late raising of grievance. Applicant made reasonable arrangements to have grievance raised in time. Applicant’s representative unreasonably failed to raise grievance. Grievance only raised 6 days late. Just to grant leave. Leave granted to raise grievance out of time. |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1) ; ERA s114(2) ; ERA s114(3) ; ERA s115(b) |
| Cases Cited | Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381 ; Coy v Commissioner of Police (No 6) [2011] NZEmpC 142 ; Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) ; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7 ; R v Kelly [2000] QB 198, [199] 2 All ER 13 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_300.pdf [pdf 108 KB] |