| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 327/07 |
| Hearing date | 27 Sep 2007 |
| Determination date | 17 October 2007 |
| Member | J Scott |
| Representation | S Corlett ; S Turner |
| Location | Hamilton |
| Parties | Crutchley v Chief Executive of the Ministry of Social Development |
| Summary | PRACTICE AND PRCEDURE - Whether grievance raised within 90 days - Applicant had previously filed unjustified disadvantage and breach of contract claims but withdrew them - Sought to reinstate original claims and add claim for unjustified dismissal - Respondent considered dismissal grievance outside 90 day time limit and objected to original claims being re-filed - Letter by applicant’s first agent merely indicated intention to raise grievance - Respondent did not breach good faith by not advising applicant letter insufficient as reasonable for it to wait for further information promised in letter - Dismissal grievance not raised within 90 days - Applicant sought leave to raise out of time - Exceptional circumstances that original representative would give notice of intention to raise grievance and not go on to provide specifics - Unreasonable failure by agent occasioned delay in raising grievance - Just to grant leave - Two year delay in bringing original proceedings to investigation excessive and reason for delay (to secure finances to pursue claims) unacceptable - However, original disadvantage grievance raised correctly and action commenced within three year limit - Applicant entitled to have disadvantage grievance determined by Authority - Penalty action brought well out of time and dismissed - Parties directed to mediation |
| Result | Orders accordingly ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(2);ERA s114(3);ERA s114(5);ERA s114(6);ERA s115(b);ERA s135(5);ERA s157(1);ERA s157(3) |
| Cases Cited | Creedy v Commissioner of Police [2006] 1 ERNZ 517;Commissioner of Police v Creedy CA 234/06;Gibson v G F W Agri –Products Ltd [1994] 2 ERNZ 309;Jones v George Weston Foods (NZ) Ltd CA 31/05;Ngapuhi Fisheries Ltd v Taurua [2002] 1 ERNZ 562;Rarere v Electrotech Controls Ltd unreported, G J Wood, 21 July 2006, WA 108/06 |
| Number of Pages | 15 |
| PDF File Link: | aa 327_07.pdf [pdf 55 KB] |