The Employment Relations Authority has rejected an employee’s application to bring a personal grievance claim for unjustified dismissal outside the 90 day time limit.

The employee was given an employment agreement subject to a criminal record check being completed.  The check came back showing a conviction that the employee denied ever having.

The employee was not dismissed as a result of the conviction, but put in her resignation as she did not feel she was trusted.  She then embarked on a process to ascertain why the criminal record check showed a conviction.  Eventually seven months later it was confirmed that she actually had no such conviction.

The employee then tried to raise a constructive dismissal claim out of time.

The ERA held that there were no exceptional circumstances justifying an extension of time.  She was not dismissed due to the incorrect criminal record and she could have brought her claim within the 90 days of her resignation if she believed she was left with no choice but to resign.

The ERA took into account that the employer had actually offered the employee further work after her resignation, which did not support an argument that it was trying to pressure her out of her employment

The employee was ordered to pay $2,500 costs on her failed claim.


Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley