| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 183/10 |
| Hearing date | 11 Nov 2010 |
| Determination date | 15 November 2010 |
| Member | G J Wood |
| Representation | B Howes ; J Souness |
| Location | Wellington |
| Parties | Howes v Bon Ton Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Applicant sought to raise personal grievances for unjustified disadvantage and constructive dismissal - Respondent claimed grievances raised outside 90 day period - Applicant claimed delay in raising grievance caused by exceptional circumstances - Claimed not aware of 90 day time limit - Parties disputed whether applicant provided with draft employment agreement that purported to contain explanation of resolution of employment relationship problems - Found draft employment agreement, whether given to applicant or not, did not contain plain language explanation of services available for resolution of employment problems, and did not contain any reference to 90 day period within which personal grievance must be raised - Found only relevant clause in agreement referred to repealed Employment Contracts Act 1991 – Found therefore, were exceptional circumstances - Authority accepted applicant’s evidence unaware of 90 day time limit - Accepted applicant acted promptly to raise grievances once found out about time limit - Found exceptional circumstances occasioned delay in raising grievances - Found as respondent accepted able to defend grievances on merits, no issue of prejudice to respondent arose - Found in those circumstances just to allow applicant to bring grievances out of time and have them determined on merits - Parties directed to mediation |
| Result | Application granted ; No order for costs |
| Main Category | Raising PG |
| Statutes | ERA s65;ERA s114;ERA s115 |
| Cases Cited | Creedy v Commissioner of Police [2008] ERNZ 109 |
| Number of Pages | 4 |
| PDF File Link: | wa 183_10.pdf [pdf 15 KB] |