| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40/06 |
| Hearing date | 21 Mar 2006 |
| Determination date | 21 March 2006 |
| Member | P Montgomery |
| Representation | M Henderson ; R Thompson |
| Location | Christchurch |
| Parties | King v Onyx Group Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Oral determination - Whether exceptional circumstances to raise grievance out of time – Applicant alleged that he was so affected by matters giving rise to grievance he was unable to properly consider raising grievance, that his solicitor failed to ensure grievance raised within time, and that employment agreement did not contain explanation concerning resolution of employment relationship problems – Section 115(c) Employment Relations Act 2000 sufficient in its force to enable Authority to grant application – In determining matter Authority looked at Jackman v Certus Consulting Ltd (cited below) in which Authority held that given real nature of employment relationship parties’ contract was employment agreement that was defective and had no explanation concerning resolution of employment relationship problems |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s65;ERA s65(2);ERA s115(a);ERA s115(b);ERA s115(c) |
| Cases Cited | Jackman v Certus Consulting Ltd unreported, P Stapp, 24 January 2003, WA 9/03;Telecom New Zealand Ltd v Morgan [2004] 2 ERNZ 9 |
| Number of Pages | 2 |
| PDF File Link: | ca 40_06.pdf [pdf 10 KB] |