| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 3/05 |
| Hearing date | 14 Dec 2004 |
| Determination date | 20 January 2005 |
| Member | J Crichton |
| Representation | V Williams (in person) ; no appearance |
| Location | Christchurch |
| Parties | Williams v Burns |
| Summary | RAISING PERSONAL GRIEVANCE - No appearance by respondent - No evidence that applicant communicated personal grievance to respondent within 90 days of dismissal - Whether exceptional circumstances - Immense personal strain because creditors demanded explanations about collapsing business - No causative nexus between those circumstances and delay - Applicant affirmatively determined not to proceed with grievance in case it affected new employment - No exceptional circumstances - Identity of respondent - Unnecessary to determine issue but appeared more likely than not that respondent was not applicant's employer |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s114;ERA s114(1);ERA s115 |
| Cases Cited | GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323 (CA) |
| Number of Pages | 5 |
| PDF File Link: | ca 3_05.pdf [pdf 723 KB] |