| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 184/10 |
| Determination date | 17 September 2010 |
| Member | J Crichton |
| Representation | M Shahadat ; R Thompson |
| Location | Christchurch |
| Parties | Mukherjee v Last Train to India Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise personal grievance out of time – Applicant on holiday in India and prevented from coming back to New Zealand because respondent withdrew job offer meaning applicant no longer had New Zealand work permit – Applicant stranded in India and owed money by respondent – Applicant subsequently got work and returned to New Zealand – Respondent claimed applicant had employment agreement which set out legal requirements and process for attending to employment relationship problems – Applicant claimed left employment agreement in New Zealand and unable to access information from India – Respondent claimed applicant capable of gaining advice from friend through internet – Respondent claimed applicant had no difficulty understanding English and requirements of New Zealand law expressed in English – Authority found reason applicant out of jurisdiction for 90 day period unusual situation and exceptional – Found applicant unsure how to raise personal grievance from India – Applicant claimed depressed as consequence of inability to return to job in New Zealand – Found applicant deserved opportunity to progress claim – Application to raise grievance out of time granted |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Cases Cited | Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 |
| Number of Pages | 5 |
| PDF File Link: | ca 184_10.pdf [pdf 18 KB] |