| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152/06 |
| Determination date | 03 May 2006 |
| Member | R Arthur |
| Representation | A Schaaf ; B Wall |
| Location | Auckland |
| Parties | Tu'itupou v Guardian Healthcare Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether personal grievance filed within three year limitation period - Alleged unjustified dismissal and two earlier unjustified disadvantages - Whether personal grievance raised by letter in June 2002 or by later letter in August 2002 - Language used in June letter was unequivocal raising of personal grievance - Grievance filed out of time - Neither Court nor Authority had conclusively addressed whether was any discretion for Authority to extend statutory time limit - Even if such discretion existed, no information before Authority that was anything in particular circumstance of case that warranted extension beyond statutory time limit - Caregiver |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114(2);ERA s114(6);ERA s219;ERA s221 |
| Cases Cited | Farmers Trading Company Limited v Opuariki [1998] 1 ERNZ 313;Goodall v Marigny (NZ) Limited [2000] 2 ERNZ 60;Harington v Fletcher Challenge Forests Ltd unreported, YS Oldfield, 21 May 2004, AA 181/04;Ruebe-Donaldson v Sky Network Television Ltd [2004] 2 ERNZ 83;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 5 |
| PDF File Link: | aa 152_06.pdf [pdf 28 KB] |