| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 58/09 |
| Hearing date | 23 Apr 2009 |
| Determination date | 04 May 2009 |
| Member | P Cheyne |
| Representation | A Sharma ; A Roberts |
| Location | Nelson |
| Parties | McCartney v Robbies Bar & Distro Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant did not raise grievance with principal during initial phone discussions – Found applicant contacted advocate (“A”) to raise grievance – A deceased – Found A’s file did not record date of instruction to raise grievance – Authority found evidence of some correspondence between A and respondent – However, concluded in circumstances grievance could only proceed with leave – Found dates indicated no unreasonable failure by A to ensure grievance raised in time – Found grievance raised out of time because of applicant’s mistaken instructions as to when dismissed – Found no basis to grant leave to raise grievance out of time – Authority also discussed another ground on which grievance application failed if concluded wrongly on leave application – Noted unreasonable for applicant to reject respondent prompt genuine offer of reinstatement after events – Noted applicant failed to mitigate losses |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s115(b) |
| Cases Cited | Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 |
| Number of Pages | 6 |
| PDF File Link: | ca 58_09.pdf [pdf 25 KB] |