| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/04 |
| Hearing date | 30 Oct 2003 - 31 Oct 2003 (2 days) |
| Determination date | 20 January 2004 |
| Member | K Raureti |
| Representation | M Ryan ; T Drake |
| Location | Auckland |
| Parties | Ruebe-Donaldson v Sky Network Television Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Whether grievance raised within 90 day period - Constructive dismissal - Applicant sent letter wanting allegations about her resolved - Mediation - Resignation - 16 months later received statement of problem claiming constructive dismissal - Argued personal grievance raised in letter - Cause of action arose on date of termination - Letter not notice as termination had not occurred - Further evidence of later oral notice rejected - No exceptional circumstances - Leave declined - COSTS - No exceptional circumstances to award more than legal aid contribution - Costs reserved |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114;ERA s114(6);ERA s115;Legal Services Act 2000 s40(2) |
| Cases Cited | Charlton v Colonial Homes Ltd [2001] 1 ERNZ 759;GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Para Franchising Ltd v Whyte [2002] 2 ERNZ 120 |
| Number of Pages | 5 |
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