| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 153/06 |
| Determination date | 03 May 2006 |
| Member | R Arthur |
| Representation | A Schaaf ; B Wall |
| Location | Auckland |
| Parties | Pulu v Guardian Healthcare Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether personal grievance filed within three year limitation period - Alleged unjustified dismissal and earlier unjustified disadvantage - Whether personal grievance raised by letter in August 2002 or was raised earlier in June 2002 - If raised in August 2002 filing of personal grievance in time but if raised in June was out of time - Respondent alleged was raised in June - Alleged that grievance of another worker represented by same lawyer was raised day after that worker's dismissal so inference could be made that same prompt action occurred in relation to applicant - No evidence personal grievance raised any earlier than August - Not satisfied inference suggested by respondent could be made - Grievance raised within three year period - Matter could now proceed to investigation by Authority - Caregiver |
| Result | Orders accordingly ; No order for costs |
| Statutes | ERA s114(2);ERA s114(6) |
| Cases Cited | Farmers Trading Company Limited v Opuariki [1998] 1 ERNZ 313;Goodall v Marigny (NZ) Limited [2000] 2 ERNZ 60;Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 4 |
| PDF File Link: | aa 153_06.pdf [pdf 19 KB] |