| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 402/07 |
| Determination date | 19 December 2007 |
| Member | M Urlich |
| Representation | J Schlooz ; B Stainton |
| Location | Auckland |
| Parties | Faith v Taonga Imports Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Authority previously determined letter relied on by applicant had not raised grievance - Sought leave to raise personal grievance out of time - Submitted took reasonable steps to raise grievance but correspondence mis-addressed by agent, and respondent constructively on notice of grievance because of letter - Reasonable steps" ground not available because applicant's instructions to agent were outside 90-day period for raising grievance - Respondent's submission that constructive notice not an exceptional circumstance accepted, and issue of letter already determined by Authority - Earlier correspondence could not reasonably be read with letter to raise grievance, actually or constructively - Application for leave to raise grievance out of time declined" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(2);ERA s114(4);ERA s115;ERA s115(b) |
| Cases Cited | Coy v Commissioner of Police unreported, Colgan CJ, 19 November 2007, CC 23/07;Faith v Taonga imports Ltd unreported, M Urlich, 28 August 2007, AA 261/07 |
| Number of Pages | 3 |
| PDF File Link: | aa 402_07.pdf [pdf 15 KB] |