| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 366/09 |
| Determination date | 14 October 2009 |
| Member | M Urlich |
| Representation | D Flaws ; R Kroon |
| Location | Auckland |
| Parties | Tam Yan v Oceania Group (NZ) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed exceptional circumstance and just to grant leave – Respondent argued no exceptional circumstance – Applicant asked son (X) to assist applicant in raising personal grievance – X professionally qualified lawyer and resided overseas – X prepared documents for applicant and emphasised limitation period – X ill and efforts to finish grievance letter delayed – X sent documents to applicant two days before limitation period expired – Applicant received documents two days after limitation expired – Applicant lodged application that day – X emailed grievance letter to respondent that day – Authority found X agent for applicant – Found exceptional circumstance - Found applicant made reasonable arrangements with X to raise grievance when alleged incident occurred – Found not unreasonable for applicant to rely on X who was qualified – Found limitation period discussed - Found efforts made to adhere to limitation period – Found unreasonable for X to not raise grievance on time – Found just to grant leave as delay minimal, no prejudice caused to respondent, and allegations against applicant serious – Leave granted |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(4)(b);ERA s115(b) |
| Number of Pages | 4 |
| PDF File Link: | aa 366_09.pdf [pdf 17 KB] |