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Dams v Powerbeat International Ltd
22 Nov 2006, A Dumbleton, AA 352/06, (5 pages)
RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Time ran from date applicant formed belief dismissed, not last day of work - After dismissal applicant approached lawyer, who posted grievance letter - When no response for several weeks, applicant contacted lawyer and letter sent again - Authority accepted first letter sent well inside 90 day period - However, not satisfied respondent received it - Grievance could not be said to have been communicated to employer - Second letter received three days out of time - Whether exceptional circumstances permitted granting of leave to raise grievance out of time - Respondent had over two weeks notice leave would be sought - Delay small in relation to overall 90 day period - No evidence delay prejudiced respondent - Grievance arguable and not totally without merit - Applicant made reasonable arrangements to have grievance raised on his behalf and, when heard nothing more, made enquiries - Circumstances did not fit s115(b) Employment Relations Act 2000 as lawyer did not fail to write or post letter in time - Applicant could not reasonably be held to blame for whatever caused non receipt of posted letter - Delay occasioned by exceptional circumstances - Just to grant leave to raise grievance out of time - Result would be same if lawyer were to blame for delay - ARREARS OF HOLIDAY PAY - Respondent undertook to see applicant received holiday pay owing - Engineer
Result: Application granted ; Parties directed to mediation ; Costs reserved
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