| Summary |
RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time on grounds delay in raising grievance occasioned by exceptional circumstances – Claimed employment agreement did not contain explanation concerning resolution of employment relationship problems as required by Employment Relations Act 2000 (“ERA”) – Applicant sought to raise grievance four and a half years after alleged events occurred - Applicant claimed employed for three months at two fish and chip shops operated by respondents – Applicant claimed owed arrears of wages – Claimed failure to pay wages lead to resignation, making resignation a constructive dismissal – Respondents claimed never employed applicant – Claimed even if could be shown employed applicant no exceptional circumstances justifying leave to raise grievance out of time - Respondents claimed one of shops applicant claimed worked in closed before period applicant claimed worked there – Second respondent’s daughter stated present at shops everyday and “no way” applicant worked there – Claimed applicant very noisy and “hung around for money and free food” and that applicant “heavy drug user” – Authority found as respondents denied applicant an employee was no employment agreement; written or implied, or any other tangible evidence of employment relationship that could be ascertained from what was currently before Authority – Found that raised issue of whether employment relationship existed so as to allow applicant to bring claim before Authority – However, parties indicated would be helpful for Authority to issue preliminary determination as to whether, subject to employment relationship being proven, were exceptional circumstances, that would indicate leave should be granted to raise grievance out of time - Authority found no evidence applicant ever made attempt to obtain professional advice in four and a half years that elapsed from when alleged ceased employment – Authority did not accept ignorance of her rights and obligations under the ERA was any excuse for applicant to have left matter unattended for extraordinary time involved – Found applicant failed to raise grievance within 90 days – Found no exceptional circumstances – Found given all circumstances associated with what was very peculiar and questionable case, including substantial time elapsed, not just to grant leave sought – Application to raise grievance out of time dismissed |