| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 91/04 |
| Determination date | 11 August 2004 |
| Member | P Montgomery |
| Representation | B Climo ; S Lucas |
| Location | Christchurch |
| Parties | Clarke v Tempz Personnel Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for leave to bring personal grievance out of time - Relied on s115(c) Employment Relations Act 2000 and respondent's failure to provide written employment agreement containing explanation of grievance procedure - Alleged unawareness of need to raise grievance within 90 days not credible - Applicant required to explain grievance procedure to new staff on regular basis - Signed employment agreement containing grievance procedure for temporary employment with respondent shortly after termination of permanent employment - No exceptional circumstances justifying leave |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114;ERA s114(3);ERA s115;ERA s115(c) |
| Number of Pages | 3 |
| PDF File Link: | ca 91_04.pdf [pdf 16 KB] |