| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/08 |
| Hearing date | 8 May 2008 |
| Determination date | 27 May 2008 |
| Member | P R Stapp |
| Representation | B Buckett ; P Cullen |
| Location | Wellington |
| Parties | Dickson v Wesley Community Action Trust |
| Summary | PRACTICE AND PROCEDURE - Whether grievance raised within 90 days - Applicant submitted raised personal grievance soon after Authority determined he was employee, and nearly two years after dismissal - Authority did not consider this communication raised grievance - Time ran from action alleged to amount to personal grievance, not determination of status - Whether exceptional circumstances to grant leave to raise personal grievance out of time - Applicant initially purported to raise grievance 93 days after dismissal - Delay occasioned by representative after applicant made reasonable arrangements to have grievance raised - Lack of plain language explanation of employment relationship problem resolution process did not occasion delay - Just to grant leave because of notice and preparation involved and matter ready to proceed - Application for leave to raise grievance out of time granted - Parties directed to mediation - Homeworker |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s65;ERA s114;ERA s115(b);ERA s115(c) |
| Cases Cited | Dickson and Wesley Community Action Trust unreported, P Stapp, 15 October 2007, WA 137/07 |
| Number of Pages | 7 |
| PDF File Link: | wa 72_08.pdf [pdf 35 KB] |