Failure to provide employment agreement "bites" employer…

The Employment Relations Authority has granted leave to an employee to raise a personal grievance for unjustified dismissal outside the 90 day time limit.

The employee was never given a written employment agreement.  This meant she was not made aware of the 90 day limit on raising a personal grievance.  All employment agreements must contain a plain language explanation of the 90 day limit.

The ERA held that the failure to include that clause was an exceptional circumstance justifying the 12 month delay in raising the personal grievance.

If such a clause had been included in an employment agreement provided to the employee her claim would have been out of time and no extension would have been granted as the ERA found no other factors in the case would justify the delay.

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Alan Knowsley

Employment Lawyer
Wellington