| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 138/10 |
| Hearing date | 18 Aug 2010 |
| Determination date | 31 August 2010 |
| Member | P R Stapp |
| Representation | P Chen, L Gilmour ; T Cleary |
| Location | Wellington |
| Parties | Diakaki v Greek Orthodox Community of Wellington Inc |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise personal grievance out of time – Applicant claimed exceptional circumstances for raising personal grievance out of time including family matters associated with domestic abuse and limited understanding of employment rights in New Zealand – Applicant claimed lapse of time had not resulted in loss of documentation or information and claimed justice of matter required substantive grievance to be heard – Authority found applicant’s resignation letter did not make clear problems in employment – Found no exceptional circumstances – Found applicant able to consult family lawyer, made complaint to Police, visited doctor, prepared proceedings in another jurisdiction, consulted Immigration Services, got engaged, and looked for work before raising grievance – Found trauma not directly linked to matter giving rise to personal grievance – Found not exceptional circumstance to have limited understanding of New Zealand customs and employment law – Found each matter did not prevail continuously during delay and did not account for full time of delay – Found applicant’s claim more to do with being refused membership with respondent – Application declined – Part-time teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(4);ERA s115(a);ERA s115(b) |
| Number of Pages | 7 |
| PDF File Link: | wa 138_10.pdf [pdf 22 KB] |