Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 105/02
Determination date 16 April 2002
Member Y S Oldfield
Representation S Mechan ; H Kelly
Location Auckland
Parties Bruce v Rio Beverages Ltd
Summary PRACTICE AND PROCEDURE - Application for leave to raise grievance outside 90-day time limit - Whether exceptional circumstances - Concurrent police investigation - Mistaken belief that grievance could not be raised until criminal charges dealt with - Alleged no prejudice to employer - Case law on meaning of exceptional circumstances" still relevant - Mistaken belief did not amount to exceptional circumstance - Inappropriate to grant leave"
Result Application dismissed ; Costs reserved
Statutes ECA s33(4);ERA s114(3);ERA s114(4);ERA s115(a);ERA s115(b);ERA s115(c);ERA s115(d)
Cases Cited Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70
Number of Pages 4
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