| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 352/06 |
| Hearing date | 24 May 2006 |
| Determination date | 22 November 2006 |
| Member | A Dumbleton |
| Representation | A Collins ; B Henry & P Witehira |
| Location | Auckland |
| Parties | Dams v Powerbeat International Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Time ran from date applicant formed belief dismissed, not last day of work - After dismissal applicant approached lawyer, who posted grievance letter - When no response for several weeks, applicant contacted lawyer and letter sent again - Authority accepted first letter sent well inside 90 day period - However, not satisfied respondent received it - Grievance could not be said to have been communicated to employer - Second letter received three days out of time - Whether exceptional circumstances permitted granting of leave to raise grievance out of time - Respondent had over two weeks notice leave would be sought - Delay small in relation to overall 90 day period - No evidence delay prejudiced respondent - Grievance arguable and not totally without merit - Applicant made reasonable arrangements to have grievance raised on his behalf and, when heard nothing more, made enquiries - Circumstances did not fit s115(b) Employment Relations Act 2000 as lawyer did not fail to write or post letter in time - Applicant could not reasonably be held to blame for whatever caused non receipt of posted letter - Delay occasioned by exceptional circumstances - Just to grant leave to raise grievance out of time - Result would be same if lawyer were to blame for delay - ARREARS OF HOLIDAY PAY - Respondent undertook to see applicant received holiday pay owing - Engineer |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s114;ERA s114(1);ERA s114(5);ERA s115;ERA s115(b) |
| Number of Pages | 5 |
| PDF File Link: | aa 352_06.pdf [pdf 27 KB] |