| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/07 |
| Determination date | 30 October 2007 |
| Member | M Urlich |
| Representation | G Steele ; K Rowell |
| Location | Auckland |
| Parties | McLeod v Harpers Fashions Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise personal grievance out of time on grounds exceptional circumstances existed - Claimed instructed advocate to raise grievance on her behalf on first working day after employment ended, and advocate unreasonably failed to ensure grievance raised in time - Correspondence from applicant to advocate showed that five months after employment ended applicant did not know what action advocate had taken in relation to grievance - Did not support assertion unequivocally instructed advocate to raise personal grievance on her behalf - Advocate produced letters addressed to respondent and mediation service - Although dated within time limit, no evidence letters sent or received by addressees - Letter to respondent asked for agreement to attend mediation and fell short of raising personal grievance - Tentative correspondence consistent with tentative instructions - Applicant did not make reasonable arrangements with advocate to raise grievance on her behalf - Application for leave to raise grievance out of time declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s115(b) |
| Number of Pages | 4 |
| PDF File Link: | aa 339_07.pdf [pdf 19 KB] |