| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139/05 |
| Hearing date | 16 Aug 2005 |
| Determination date | 30 August 2005 |
| Member | G J Wood |
| Representation | R Van Panhuys ; S Webster |
| Location | Napier |
| Parties | Warren v Xpressions Fashion Clothing Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether personal grievance raised within 90 day period - Applicant dismissed for redundancy - Instructed solicitor to raise personal grievance with respondent - Applicant sent letter raising grievance to address of two officers/shareholders on company register and to address given upon enquiring at related business premises how to contact respondent in writing - Letter not sent to accountant's office given as registered address for service on company register as worried that accounting firm closed for Christmas break and letter would not be opened - Address for shareholders not current - Letter not received by respondent until one week after expiry of 90 day period - Whether steps taken by solicitor to raise grievance reasonable in all the circumstances - Not solicitor's fault that address for shareholders on register not updated - Entitled to rely on register - Also sent to alternative address after making enquiries at business premises associated with respondent - Reasonable steps taken - Therefore grievance raised within 90 day period - PRACTICE AND PROCEDURE - Application in the alternative for leave to raise personal grievance out of time - If finding that personal grievance raised within 90 days incorrect, delay in raising personal grievance occasioned by exceptional circumstances - Applicant made reasonable arrangements with agent to have grievance raised within required time and agent unreasonably failed to raise grievance within time - Whether just to grant leave - One week delay not significant and not of applicant's making - No prejudice to respondent's ability to defend claim - Scenario outlined in Gibson v GFW Agri-Products (cited below) referred to - Just to grant leave to raise grievance out of time - Parties referred to mediation - Sales assistant |
| Result | Application granted ; Costs reserved |
| Cases Cited | Gibson v GWF Agri-Products Ltd [1994] 2 ERNZ 309;GWF Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Wilson & Horton Ltd v Stiffe [2001] ERNZ 296 |
| Number of Pages | 7 |
| PDF File Link: | wa 139_05.pdf [pdf 28 KB] |