Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2017] NZERA Auckland 357
Determination date 15 November 2017
Member R Larmer
Representation R Amaranathan ; N Ridder, H Kynaston
Location Auckland
Parties Opai v The Commissioner of Police
Summary RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – PRACTICE AND PROCEDURE – Whether proceedings commenced within 3 years of raising grievance – JURISDICTION – Whether Authority has jurisdiction to investigate applicants personal grievance claims – Watch House Officer
Abstract AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Personal grievance claims claiming applicant disadvantaged by actions of police raised within 90 days of them arising or coming to applicant’s attention. PRACTICE AND PROCEDURE: Disadvantage grievances lodged with Authority exactly three years from date raised. JURISDICTION: Satisfied applicant commenced proceedings in time. Authority has jurisdiction to proceed.
Result Questions answered in favour of applicant ; Costs reserved
Main Category Jurisdiction
Statutes ERA s114(1);ERA s114(6)
Number of Pages 12
PDF File Link: 2017_NZERA_Auckland_357.pdf [pdf 182 KB]