| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 105/04 |
| Hearing date | 6 Nov 2003 |
| Determination date | 29 March 2004 |
| Member | M Urlich |
| Representation | E Hutson, R Ord ; R Ord, E Huston |
| Location | Auckland |
| Parties | Health Waikato, Waikato District Health Board and Anor v Turner and Anor |
| Other Parties | Turner, Health Waikato, Waikato District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE - Application for leave to lodge personal grievances out of time - Applicant suffered head injuries - After incident at work respondent permanently removed applicant from role - On unpaid leave while respondent unsuccessfully attempted to find redeployment option - Employment terminated - Applicant lodged complaint with Human Rights Commission - Alleged unjustified dismissal, unjustified disadvantage and discrimination based on disability - Sought leave to raise unjustified disadvantage and discrimination grievances out of time - No exceptional circumstances for failure to raise unjustified disadvantage grievances in time - Discrimination claim accepted for investigation by Human Rights Commission therefore applicant barred from bringing same claim under Employment Relations Act 2000 - Nurse |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s54;ERA s114(1);ERA s114(2);ERA s114(4);ERA s114(4)(a);ERA s115 |
| Cases Cited | Muggeridge v Miden Construction Co Ltd [1992] 1 ERNZ 232 |
| Number of Pages | 8 |
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