| Summary |
RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant claimed never made aware of rights as employee and expected sister to obtain legal advice from her husband who was immigration lawyer but no action taken - Respondent claimed applicant given copy of employment agreement (“EA”) and sister did not raise grievance - Respondent’s evidence preferred - Found applicant did not make reasonable arrangements to have grievance raised on his behalf by his sister, even if she was his agent - Found asking one’s sister, even when husband was lawyer, to see if could help after lost job, did not constitute making of reasonable arrangements to have grievance raised - Found sister did not actually raise grievance but sought information about dismissal and asked if applicant could have job back - Found applicant took no action after sister told him respondent had not agreed to reinstate him - Found applicant gave sister no further instructions after that point, so even if had been agent, clear applicant continued to fail to make reasonable arrangements to have grievance raised - Found applicant did have EA that contained explanations concerning resolution of employment relationship problems, including 90 day period - Found not respondent’s responsibility if applicant unable to locate copy of EA after having been given it, particularly as knew brother-in-law had copy - Found no exceptional circumstances - Application declined |