| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 6 |
| Hearing date | 24-Nov-16 |
| Determination date | 10 January 2017 |
| Member | T Tetitaha |
| Representation | E Messick ; D France |
| Location | Hamilton |
| Parties | Messick v The Vice Chancellor of the University of Waikato |
| Summary | PRACTICE AND PROCEDURE - Whether proceedings commenced within 3 years of raising grievance - RAISING PERSONAL GRIEVANCE - Whether unjustified disadvantage grievances raised within 90 days - Applicant sought leave to raise grievances out of time |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant paid fee and attempted to file application on last day for filing. Proceedings commenced within 3 years of being raised.;RAISING PERSONAL GRIEVANCE: Respondent’s general awareness of applicant’s concerns did not raise grievances. Grievances not raised within 90 days. Applicant had capacity to properly consider raising grievances within time. No exceptional circumstances. Leave to raise grievances out of time declined. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(2) - ERA s114(6) - ERA s115(1)(a) |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC);Silver Fern Farms Ltd v North [2010] NZEmpC 79, [2010] ERNZ 172;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 (EmpC);Wyatt v Simpson Grierson (a partnership) [2007] ERNZ 489 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_6.pdf [pdf 154 KB] |