| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 340 |
| Hearing date | 24-Aug-16 |
| Determination date | 05 October 2016 |
| Member | J Crichton |
| Representation | D Fleming ; R Towner |
| Location | Auckland |
| Parties | Lorigan v Infinity Automotive Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Leave sought to raise grievance out of time |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Evidence indicated applicant did not instruct lawyer to raise grievances within time. In any case, length of delay between Authority proceedings and time grievances arose, potential prejudice to respondent and apparent absence of documentary evidence to support grievances required application to be dismissed. Leave to raise grievance out of time declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s115;ERA s115(b);ERA s219 |
| Cases Cited | Ball v Healthcare of New Zealand Ltd [2012] NZEmpC 91, (2012) 10 NZELR 84;Baynes v IAG New Zealand Ltd [2015] NZERA Auckland 304;Chief Executive of the Department of Corrections v Waitai [2010] NZEmpC 164, (2010) 8 NZELR 627 (EmpC); Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7;Melville v Air New Zealand Ltd [2010] NZEmpC 87;McMillan v Waikanae Holdings (Gisborne) Ltd (2005) 2 NZELR 402 (EmpC);Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_340.pdf [pdf 173 KB] |