| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 88/04 |
| Hearing date | 11 Dec 2003 |
| Determination date | 12 March 2004 |
| Member | R A Monaghan |
| Representation | M Webster ; D McLeod |
| Location | Auckland |
| Parties | McMillan v Waikanae Holdings (Gisborne) Ltd (t/a McCannics) |
| Summary | RAISING OF PERSONAL GRIEVANCE - Grievance raised outside 90 days - Whether exceptional circumstances - Contacted solicitor about dissatisfaction with treatment by respondent - Solicitor met with applicant almost 4 months after alleged grievance - Instruction to raise grievance 119 days after alleged grievance occurred - Further 55 days before employment relationship problem filed with Authority - Delay inexcusable - Employment agreement contained provision relating to 90 day rule - Failure by applicant to ensure he received advice and issue instructions accordingly - Arguable solicitor did not become involved in matter until after 90 day period - Facts did not amount to exceptional circumstances - Leave to raise grievance out of time declined |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(4);ERA s115(b) |
| Cases Cited | GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Gibson v GFW Agri-Products Ltd [1994] 2 ERNZ 309;McRae v The Derry Trust unreported, N Taylor, 21 September 2001, WA 63/01 |
| Number of Pages | 4 |
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