| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 67/09 |
| Hearing date | 2 Apr 2009 |
| Determination date | 25 May 2009 |
| Member | P R Stapp |
| Representation | F McGeorge ; S Wragg |
| Location | Wellington |
| Parties | Sandilands v Chief Executive of the Department of Corrections |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant applied to raise two grievances out of time – Found both grievances commenced beyond three year time limit under s114(6) Employment Relations Act 2000 (“ERA”) – First grievance related to allegations about conduct of co-workers while undertaking union delegate duties – Authority asked to correct practice of extending time where possible incorrect practice – Authority found power to extend time existed under s219(1) ERA – Authority found previous cases supported conclusion high bar to extend limitation period – Authority found first personal grievance out of time by seven months – Found no explanation for delay and appeared claim lost in extent employment relationship issues – Found applicant not constructive to speedily expedite matter – Found people concerned in personal grievance moved on and unfair now to rake over issues – Found overall justice best served by not extending time – Found first personal grievance barred from being filed under s114(6) ERA – Authority found second personal grievance out of time by five weeks – Applicant argued delay because counsel addressing complex matter and became ill – Found applicant cannot be faulted as solicitor instructed to file statement of problem two months before expiry of three year limitation period – Authority found applicant did not satisfactorily explain why could not meet limitation period – Found reasonable in circumstances where applicant a union delegate to expect to be aware of limitation period and desire to have grievance dealt with speedily under ERA – Authority found real prejudice to allow matter be filed out of time – Found people involved no longer worked for respondent, witnesses recollection faded, genuine belief by respondent matter closed, parties had ongoing productive relationship, and potential for more costs – Leave to raise grievance out of time declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s114(6);ERA s219(1) |
| Cases Cited | Roberts v Commissioner of Police unreported, Colgan CJ, 27 June 2006, AC 33/06;Day v Whitcoulls Group Ltd [1997] ERNZ 541;Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103;Tu'itopou v Guardian Health Care Operations Limited, Perkins J, 6 September 2006, AC 50/06;Winstones Trading Ltd v NID Distribution Workers etc IUOW [1988] NZILR 1042 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |