| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81/09 |
| Determination date | 20 March 2009 |
| Member | V Campbell |
| Representation | Q Unsworth (in person) ; B Wall |
| Location | Auckland |
| Parties | Unsworth v Orakei Korako Geyserland Resort (2000) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance after expiry of three year limitation period – Applicant raised unjustified dismissal grievance in 2005 – Applicant lodged Statement of Problem (“SOP”) in 2008, two days before expiry of limitation period – SOP did not meet regulatory requirements and was returned to applicant on day three years expired – Applicant re-lodged SOP in 2009 – Applicant provided no explanation for 13 day delay between return of SOP and re-lodging of SOP – Authority found despite delay, overall justice of case required 13 day extension for applicant to commence action against respondent – Found 13 day delay at “outer limit of an acceptable delay” – Found applicant unrepresented and unfamiliar with Authority proceedings – Found no prejudice if leave granted – Found overall justice favoured extension of time – Leave granted |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(6);ERA s219;Employment Relations Authority Regulations 2000 5(2) |
| Cases Cited | An Employee v An Employee [2007] 1 ERNZ 295;Day v Whitcoulls Group Limited [1997] 1 ERNZ 541 |
| Number of Pages | 6 |
| PDF File Link: | aa 81_09.pdf [pdf 25 KB] |