| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 45/03 |
| Determination date | 24 March 2003 |
| Member | D Asher |
| Representation | I Young-Gough ; N Chisnall |
| Location | Wellington |
| Parties | Jackson v Farmers Trading Company Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Leave sought to raise grievance out of time - Alleged no support received after suffering injury at work - Stole money for airfare to Australia - Turned himself in and charged with theft as servant - Full and final settlement reached between applicant and respondent - Agreed to resign - Respondent offered to support application for diversion - Respondent contacted Legal Services Agency and diversion subsequently declined - Whether settlement voidable - Alleged incapacitated at time of entering into agreement - Medical evidence uncertain - Lawyer assisted in settlement - In any event contributory conduct likely to be assessed at 100 percent - No exceptional circumstances - Leave declined - COSTS - Applicant legally aided - Appropriate that costs lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s103(1)(b);ERA s114;ERA s115;ERA s115(a);ERA s124 |
| Cases Cited | ACE Insurance Ltd v Rexlea Jackson unreported, Beattie J, 31 January 2003, 15/2003;Bank of Credit and Commerce International SA v Ali [2002] 1 AC 251;O'Connor v Hart [1985] 1 NZLR 159 |
| Number of Pages | 10 |
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