| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 112/09 |
| Determination date | 17 August 2009 |
| Member | P R Stapp |
| Representation | G McLachlan ; R Webster |
| Location | Wellington |
| Parties | Bariball v Hirequip Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – First issue, whether personal grievance raised within time – Second issue, whether leave should be granted to raise grievance out of time – Applicant resigned from employment and sent personal grievance letter 91 days after employment ended – Respondent received letter 3 days later – Authority found applicant raised constructive dismissal grievance out of time – Found letter did not sufficiently raise grievance – Applicant claimed exceptional circumstance as applicant unable to obtain advice regarding employment relations problem – Claimed suffered adverse medical conditions – Found no exceptional circumstance – Found applicant could have contacted Department of Labour – Found no explanation for delay between when applicant first obtained advice and sending of letter – Found no evidence to link applicant’s medical conditions with failure to raise grievance within time - Application for leave declined - COSTS – Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Raising PG |
| Statutes | ERA s54;ERA s65;ERA s114(1);ERA s114(3);ERA s114(4) |
| Number of Pages | 4 |
| PDF File Link: | wa 112_09.pdf [pdf 18 KB] |