| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 8/07 |
| Hearing date | 12 Jan 2007 |
| Determination date | 15 January 2007 |
| Member | R A Monaghan |
| Representation | B Hayes ; S & H Kidd |
| Location | Auckland |
| Parties | Lee v Color Spec Paints Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Application for leave to raise grievance out of time - Applicant alleged delay occasioned by exceptional circumstances and just to grant leave - Claimed representative unreasonably failed to raise grievance in time - Approached barrister before resignation but did not give precise instruction regarding personal grievance - However, did convey wanted to proceed to litigation and discussed raising grievance based on constructive dismissal - Applicant made reasonable arrangements to have grievance raised on his behalf - Barrister's assumption of responsibility for failure genuine - Claimed calculated 90 day period from expiry of notional one month notice period, rather than resignation - Difficult to call failure unreasonable" as term usually understood, but no good reason for it and Authority did not believe Parliament intended lawyer's error to deprive grievant of ability to have grievance addressed - Unreasonable failure to ensure grievance raised in time - Resignation due to health and safety concerns - Matter should be given full hearing - Just that grievance be allowed to proceed - Leave granted to raise constructive dismissal grievance out of time - Allegations about bad management practices and industrial relations so remote in time and place from resignation unlikely to be given any weight - Applicant to seriously consider withdrawing any reliance on them - No application for leave to proceed with disadvantage grievances" |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(4);ERA s115(b);ERA s115(c) |
| Number of Pages | 5 |
| PDF File Link: | aa 8_07.pdf [pdf 32 KB] |