| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 102/06 |
| Hearing date | 5 Jul 2006 |
| Determination date | 06 July 2006 |
| Member | G J Wood |
| Representation | A Gallie ; no appearance |
| Location | Napier |
| Parties | Laking v Maverick Services Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought to raise personal grievance out of time - No appearance for respondent - Applicant dismissed by respondent for failing to follow instructions, insubordination and lack of productivity - Applicant instructed solicitor (G) to take the matter further and raise personal grievance on his behalf - G did not diary in" a date to ensure 90 day timeframe was adhered to - G failed to take any direct steps on applicant's behalf to raise grievance despite number of phone conversations with applicant - G raised personal grievance one day outside 90 day period - Respondent declined to consent to personal grievance being raised after 90 day period - Applicant made reasonable arrangements to have grievance raised on his behalf by G - G unreasonably failed to ensure grievance was raised within 90 days - Test of exceptional circumstances made out - Applicant's claim not without prospect of success given issues raised in relation to warning procedures and further training - Appeared apparent by failure of respondent to be represented at investigation meeting that it would suffer no prejudice should leave be granted to pursue personal grievance - Considered just that applicant be granted leave to pursue personal grievance - Length of service not specified" |
| Result | Application granted ; Parties directed to mediation ; No order for costs |
| Statutes | ERA s114(3), ERA s115 |
| Number of Pages | 3 |
| PDF File Link: | wa 102_06.pdf [pdf 12 KB] |