| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/04 |
| Determination date | 21 May 2004 |
| Member | Y S Oldfield |
| Representation | A Schulze ; J Rooney |
| Location | Auckland |
| Parties | Harington v Fletcher Challenge Forests Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Application by respondent to strike out claim - Applicant alleged was unjustifiably dismissed in September 2000 - Employment relationship problem lodged with Authority on 24 December 2003 - Applicant opposed strike out application on ground that action commenced within 3 year time frame - Wrote to Employment Relations Service (ERS") with request for mediation on 5 March 2002 - Applicant had not proved that filing fee or application of any sort was received by Authority within time - No relevance that documentation was sent to ERS or Mediation Service as these institutions completely separate from Authority - Even if Authority had discretion to extend timeframe for commencement of personal grievance such discretion would not be exercised in applicant's favour - Unnecessary to decide whether such discretion existed - Applicant argued that respondent was not prejudiced by delay - Observation that absence of prejudice removed potential obstacle but was not positive reason to exercise discretion - Observation that fact applicant had alternative avenue for redress in form of wrongful dismissal claim militated against exercise of discretion" |
| Result | Application granted ; Order to strike out |
| Statutes | Employment Relations Authority Regulations 2000 r5(2);ERA s113(1);ERA s114(4);ERA s114(6);ERA s158;ERA s219;ERA s221;ERA s248(1);ERA s248(4) |
| Cases Cited | Jack v Attorney-General in respect of the Department for Courts [2002] 1 ERNZ 720;Lagan v NZ Post Ltd unreported, H Doyle, 28 May 2003, CA 61/03;Leask v Air New Zealand Ltd unreported, Colgan J, 13 April 2000, AC 25/00;Miller v Sensation Yachts Ltd unreported, D King, 11 April 2003, AA 98/03;Otago and Southland Federated Furniture etc IUOW v Timbercraft Industries Ltd [1989] 1 NZILR 528;Winstones Trading Ltd v NID Distribution Workers etc IUOW [1988] NZILR 1042 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |