| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 87/07 |
| Hearing date | 19 Dec 2006 |
| Determination date | 21 March 2007 |
| Member | J Wilson |
| Representation | B Hart ; D Organ |
| Location | Auckland |
| Parties | Robson v Ihug Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether personal grievance filed within three year limitation period – Grievance raised with respondent 9 December 2003 – Statement of problem filed at Authority 11 December 2006 – Period of time described as beginning from or “after” a specified date, act or event does not include that day or day of act or event – Interpretation Act 1999 s35(2) applied - Point beyond which applicant could not commence action was three year period commencing from 10 December 2003 (day after grievance raised) – Three year period ended Saturday 9 December 2006 – Interpretation Act 1999 s35(6) entitled applicant to commence action in Authority on next working day - Fact respondent had changes of ownership and personnel since applicant’s departure not a consideration if statement of problem filed in time – Entitled to have claim investigated – Parties directed to mediation |
| Result | Application granted ; Parties directed to mediation ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114, ERA s114(1), ERA s114(6), ERA s159, Interpretation Act 1999 s35(1), Interpretation Act 1999 s35(2), Interpretation Act 1999 s35(6) |
| Number of Pages | 7 |
| PDF File Link: | aa 87_07.pdf [pdf 24 KB] |