| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 92 |
| Determination date | 25 September 2017 |
| Member | M Loftus |
| Representation | N Lorimer (in person) ; A Knowsley |
| Location | Wellington |
| Parties | Lorimor v United States Embassy |
| Summary | JURISDICTION – Whether applicant could raise personal grievance against employer – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – HR Manager |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant’s failure to correctly identify employer could give grounds to dismiss claim. Respondent identified itself as the Federal Government of the United States of America. Sovereign immunity prevents respondent being prosecuted without its consent. Respondent refused consent and has immunity against claim. No jurisdiction.RAISING PERSONAL GRIEVANCE: Claim raised over 5 years after resignation. Grievance not raised within 90 days. Respondent did not consent to grievance being raised out of time. |
| Result | Applications dismissed ; Costs lie where they fall |
| Main Category | Jurisdiction |
| Statutes | ERA Second Schedule s4(1);ERA s114(1);ERA s114(3);ERA s114(6);Diplomatic Privileges and Immunities Act 1968;Vienna Convention on Diplomatic Relations 1962 Art 22 |
| Cases Cited | Governor of Pitcairn and Associated Islands v Sutton [1995] 1 NZLR 426 (CA);Idea Services Ltd (in Stat Man) v Barker [2012] ERNZ 454 (EmpC);Lorimer v United States Embassy [2017] NZERA Wellington 88 |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Wellington_92.pdf [pdf 97 KB] |