| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 356 |
| Determination date | 20 October 2016 |
| Member | T Tetitaha |
| Representation | ET Dent (in person) ; A Russell |
| Location | Auckland |
| Parties | Dent v The Waikato District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE – Leave sought to raise grievance out of time - PRACTICE AND PROCEDURE – Applicant sought removal of matters to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Grievance concerned subject of challenge before EC. Leave not required. Leave to raise grievance out of time declined.PRACTICE AND PROCEDURE: Personal grievance concerned subject of challenge before EC. No need for removal. Proceedings related to claim of whether wages claim statute barred already before EC. Appropriate for both claims to be dealt with together. Matter removed to EC. |
| Result | Application partially granted (practice and procedure) ; Application dismissed (raising personal grievance) ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c) |
| Number of Pages | 3 |
| PDF File Link: | 2016_NZERA_Auckland_356.pdf [pdf 148 KB] |