| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 114/04 |
| Hearing date | 26 Mar 2004 |
| Determination date | 07 April 2004 |
| Member | Y S Oldfield |
| Representation | R Oldham ; A Radich |
| Location | Auckland |
| Parties | Stowers v Metroport a division of Tranz Rail Ltd |
| Summary | PRACTICE AND PROCEDURE - Sought declaration that grievance raised within time - Applicant suspected co-worker having affair with her partner - Difficulties with colleagues at work - Applicant phoned manager to discuss issues - Few days later gave written resignation followed by confirmation of wish to resign - Applicant withdrew resignation but one week later resigned again - Phone call did not raise personal grievance - Letter of resignation did not raise personal grievance - In any event, letter written before withdrawal of resignation - Application for declaration that grievance raised within time declined - Application for leave to raise personal grievance out of time - Whether exceptional circumstances - Applicant suffered depression - Amounted to exceptional circumstances - Delay of 90 days between applicant's recovery and raising of grievance - Not satisfied full extent of delay attributable to exceptional circumstances - Application for leave to raise grievance out of time declined |
| Result | Application declined ; No order for costs |
| Statutes | ERA s114;ERA s114(4)(a);ERA s114(a)(d) |
| Cases Cited | Poverty Bay Electric Power Board v Atkinson [1992] 3 ERNZ 413;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |