Previous Section | Table of Contents | Next Section
Smith v Nga Kairauhii Trust
11 Sep 2006, D Asher, WA 121/06, (12 pages)
RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Grievance raised over 14 months after date alleged dismissed and over 13 months after resolved arrears claims - No written employment agreement - Respondent breached obligation to provide plain language explanation of services available for resolution of employment problems - Exceptional circumstances - Authority did not accept delay occasioned by lack of explanation - Around time of alleged dismissal applicant obtained advice from Department of Labour's Mediation Service ("MS") about arrears claim - On balance of probabilities would have raised dismissal concerns with MS at same time and been told of time limit - If concerns not raised with MS was because did not believe herself dismissed - Accessing MS evidence of familiarity with rights - Seeking arrears, including holiday pay, circumstantial evidence of applicant electing to leave employment to seek other work - Reasonable to expect applicant aware of rights when received employment agreement setting out time limit at next job - In all probability applicant elected to leave respondent and seek employment elsewhere - Substantive shortcomings meant not just to allow claim to be brought out of time - Administration support
Result: Application dismissed ; Costs reserved
Previous Section | Table of Contents | Next Section
