| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 237/08 |
| Determination date | 07 July 2008 |
| Member | D King |
| Representation | C Johnson ; M Hargreaves |
| Location | Auckland |
| Parties | Tuineau v Department of Labour |
| Summary | PRACTICE AND PROCEDURE – Whether respondent impliedly consented to grievances being raised outside 90 day period – Respondent conceded gave implied consent to claims relating to loss of work vehicle and increased travelling time – Respondent argued had not consented to applicant raising claims out of time relating to OOS, stress and alleged promise of health and safety officer’s position – Authority found history of matter between parties included mediation, correspondence, meetings, respondent filing Statements in Reply addressing issues, agreement to set date for substantive hearing, and filing and exchanging of witness briefs – Found at no stage did respondent protest that claims outside 90 day period - Authority found history led to conclusion that respondent aware of issues and impliedly consented to grievance being raised out of time |
| Result | Question answered ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Jacobsen Creative Surfaces Ltd v Findlater [1994] 1 ERNZ 35;Phillips v Net Tel Communications Ltd [2002] 2 ERNZ 340 |
| Number of Pages | 5 |
| PDF File Link: | aa 237_08.pdf [pdf 28 KB] |