| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 67/07 |
| Hearing date | 13 Mar 2007 |
| Determination date | 13 March 2007 |
| Member | R A Monaghan |
| Representation | P Duigan (in person) ; A Scott-Howman |
| Location | Auckland |
| Parties | Duigan v The British High Commission |
| Summary | RAISING PERSONAL GRIEVANCE - PRACTICE AND PROCEDURE - Applicant submitted personal grievance in 1997 - Took matter no further until October 2006 when filed statement of problem in Authority - Authority drew applicant's attention to Limitation Act 1950 - Proceedings initiated nearly nine years after cause of action accrued - Applicant claimed too distressed to take claim further and lacked funds to pay solicitors to continue to act - On two previous occasions applicant obtained blank statement of problem forms but did not file anything as felt meeting respondent and Authority would cause her to become distressed and emotional - No evidence provided to establish circumstances fell within s24 Limitation Act - No evidence of psychiatric or psychological cause leading to inability to initiate proceedings - Even if Authority accepted possibility that for period after employment ended applicant under disability, nothing to indicate disability continued until at least October 2000 (six years before date of filing) - Tribunal had no ability to waive provisions of Limitation Act - Personal grievance and claim for redundancy compensation filed too late - Limitation Act prevented both from proceeding - Matter dealt with as member of Tribunal |
| Result | Application dismissed ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s248;ERA s248(1);ERA s248(2);ERA s248(3);ERA s252;Limitation Act 1950;Limitation Act 1950 s2(2);Limitation Act 1950 s4(1);Limitation Act 1950 s24 |
| Cases Cited | S v Attorney-General [2003] 3 NZLR 450;T v H [1995] 3 NZLR 37 |
| Number of Pages | 3 |
| PDF File Link: | aa 67_07.pdf [pdf 26 KB] |