Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 63/01
Determination date 21 September 2001
Member N Taylor
Representation P McLuskie ; M Austen
Location Wellington
Parties McRae v The Derry Trust
Summary PRACTICE AND PROCEDURE - Application for leave to raise grievance outside 90-day time limit - Whether exceptional circumstances - Obtained advice from lawyer shortly after dismissal - Considered advice but did not instruct lawyer - Properly" in s115(a) ERA meant "adequately" - Able to properly consider raising a grievance - Did not make reasonable arrangements to have grievance raised on his behalf - No exceptional circumstances - Caregiver"
Result Application dismissed ; Costs reserved
Statutes ERA s114(3);ERA s114(4);ERA s114(4)(b);ERA s115(a);ERA s115(b);ERA s115(c);ERA s115(d);ERA s242
Cases Cited Adkins v Turk's Poultry Farm Ltd [1994] 2 ERNZ 368;GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Jack v Alliance Group Ltd unreported, Palmer J, 20 August 1997, CEC 24/97
Number of Pages 4
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