| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 194/10 |
| Determination date | 08 October 2010 |
| Member | H Doyle |
| Representation | Dr M Round ; S Leftley |
| Location | Christchurch |
| Parties | Baynes v Radius Residential Care Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant lodged Statement of Problem (“SOP”) with Authority - Authority sent copy of SOP to respondent - Respondent informed Authority SOP first time informed personal grievance being raised - Respondent claimed grievance not raised within 90 days and did not consent to grievance being raised out of time - Applicant’s counsel claimed posted letter raising grievance to respondent within 90 day period - Respondent claimed did not receive letter - Applicant’s counsel claimed never received reply form respondent and letter not returned - Applicant claimed raised grievance within time by taking reasonable steps to post letter to respondent - Alternatively, applicant claimed delay in raising grievance caused by exceptional circumstances, namely letter lost - Respondent claimed did not receive letter - Claimed applicant unable to provide any evidence letter created or posted and that applicant’s representative failed to take reasonable steps to raise grievance - Claimed no exceptional circumstances - Authority accepted respondent did not receive letter - Found either letter not posted or did not reach respondent - Found grievance not raised within time - Whether leave should be granted to raise grievance out of time - Found if letter never posted exceptional circumstances as applicant made reasonable arrangements to have grievance raised and counsel’s failure to post letter unreasonable - Found if letter posted but did not reach respondent were exceptional circumstances where letter never returned and therefore lost - Found just to grant leave to raise grievance out of time - Parties directed to mediation |
| Result | Application granted ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(4);ERA s114(5);ERA s115(b) |
| Number of Pages | 5 |
| PDF File Link: | ca 194_10.pdf [pdf 21 KB] |