| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171/06 |
| Hearing date | 12 May 2006 |
| Determination date | 12 May 2006 |
| Member | L Robinson |
| Representation | S Scott ; The Managing Director |
| Location | Auckland |
| Parties | Jensen v Dallas Motor Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Application to raise personal grievance out of time - Applicant dismissed from employment on 11 July 2005 - Purported to raise personal grievance on 17 November 2005 - Whether exceptional circumstances - Applicant raised three grounds in seeking leave to raise grievance out of time - First ground: alleged traumatized and suffered concussion as he was hit from behind in incident - Not persuaded traumatised or suffered concussion for entire duration of period in which was required to raise personal grievance - Second ground: alleged relied on incorrect advice from Community Law Centre in progressing his grievance - Authority persuaded by evidence that applicant not informed of statutory period in which he was required to raise personal grievance - Third ground: alleged he did not receive explanations about resolution of employment relationship problems as required by s65 Employment Relations Act 2000 during his employment - Authority persuaded by evidence that applicant not provided with employment agreement advising him that a personal grievance must be raised within 90 days - Exceptional circumstances - Not persuaded of any prejudice to respondent as result of grant of leave - Just that applicant be permitted to proceed to have alleged personal grievance investigated by Authority and determined on its merits - Parties directed to mediation |
| Result | Application granted ; Parties directed to mediation ; No order for costs |
| Statutes | ERA s65 |
| Number of Pages | 2 |
| PDF File Link: | aa 171_06.pdf [pdf 19 KB] |