| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 77/04 |
| Hearing date | 20 Feb 2004 |
| Determination date | 05 March 2004 |
| Member | Y S Oldfield |
| Representation | J Burley ; S Turner |
| Location | Auckland |
| Parties | Morgan v Telecom New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Preliminary matter - Whether grievance raised within 90 day time period - Dispute over actual date of termination as applicant on leave at end of employment - Applicant believed date of termination was 10 days later than respondent's alleged date of termination - Letter stated date of termination as alleged by respondent - Conclusive evidence - Grievance raised out of time - Application for leave to raise grievance out of time - Alleged confusion of date of dismissal caused by trauma of dismissal and effect of medication - Serious reaction to dismissal by applicant - Applicant suffered poor health at end of employment and inability to concentrate compounded by effects of medication - Satisfied failure to establish date of termination due to exceptional circumstances of poor health which arose out of termination - Failure to identify date of dismissal led to failure to raise grievance within 90 days - Leave granted |
| Result | Application granted ; No order for costs |
| Statutes | ERA s114;ERA s114(4) |
| Number of Pages | 4 |
| PDF File Link: | aa 77_04.pdf [pdf 26 KB] |