| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 59/05 |
| Hearing date | 18 Apr 2005 |
| Determination date | 27 April 2005 |
| Member | P Cheyne |
| Representation | RE Hyslop (in person) ; L Andersen |
| Location | Christchurch |
| Parties | Hyslop v Danube Southern Ltd |
| Summary | RAISING OF PERSONAL GRIEVANCE - Business relationship between parties ended acrimoniously - Letter from applicant to respondent alleged applicant not employee but partner - Respondent dismissed applicant - Applicant lodged proceedings in High Court over commercial dispute - Applicant's letter did not raise grievance because it preceded dismissal and denied applicant was employee - Grievance not raised until seven months after dismissal when statement of problem lodged - Whether exceptional circumstances for delay in raising grievance - Delay caused by decision to concentrate on High Court proceedings - Delay not caused by applicant's summary dismissal, eviction and dispossession of property - No basis to grant leave |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114;ERA s115;ERA s115(a) |
| Number of Pages | 4 |
| PDF File Link: | ca 59_05.pdf [pdf 23 KB] |