Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 159/10
Determination date 07 April 2010
Member R Arthur
Representation F Chen (in person) ; J Douglas
Location Auckland
Parties Chen v KVB Kunlun New Zealand Ltd
Summary RAISING PERSONAL GRIEVANCE – Applicant claimed unjustified disadvantage – Respondent owned by company registered in British Virgin Islands which also owned Banclogix Limited (“B”) – Applicant’s employment with B already subject to Authority investigation into whether leave should be granted to raise personal grievance out of time – Authority declined to grant leave – Found applicant’s statement of problem disclosed no potential different evidence to support different finding against respondent – Found abuse of process to subject respondent to repeat of Authority investigation already determined
Result Application dismissed ; No order for costs
Main Category Raising PG
Statutes ERA s114
Cases Cited Chen v Banclogix Ltd unreported, R Arthur, 19 Mar 2010, AA 128/10
Number of Pages 3
PDF File Link: aa 159_10.pdf [pdf 12 KB]