| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 18/10 |
| Hearing date | 21 Dec 2009 |
| Determination date | 29 January 2010 |
| Member | H Doyle |
| Representation | RJ Hughes (Applicant in person) ; N McPhail |
| Location | Christchurch |
| Parties | Hughes v Herron's Four Square Ltd t/a Twizel Four Square |
| Summary | RAISING PERSONAL GRIEVANCE – Application for leave to raise grievance out of time – Applicant claimed exceptional circumstances and just to grant leave – Applicant unsuccessfully sought mediation with respondent – Applicant lodged statement of problem (“SOP”) with Authority two weeks before limitation period ended – SOP sent back to applicant for correction – Applicant’s place of residence caused delay in rel-lodging SOP – SOP served on respondent one day after limitation period expiried – Authority found two exceptional circumstances - First, applicant reasonably attempted to raise grievance within limitation period, however being unrepresented, made procedural errors in lodging and serving SOP – Second, applicant’s area of residence delayed re-lodging of SOP – Found just to grant leave as no prejudice caused to respondent – Leave granted |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114;ERA s114(4);ERA s115 |
| Cases Cited | Hughes v Herron’s Four Square Ltd t/a Twizel Four Square unreported, H Doyle, 3 Dec 2009, CA 209/09 |
| Number of Pages | 5 |
| PDF File Link: | ca 18_10.pdf [pdf 22 KB] |