Barker v Idea Services Limited

[2013] NZCA 479

IN THE COURT OF APPEAL OF NEW ZEALAND

CA150/2013
[2013] NZCA 479

BETWEEN	VALERIE BARKER Applicant
AND	IDEA SERVICES LIMITD Respondent

Hearing:	7 October 2013
Court:	Randerson, Harrison and French JJ
Counsel:	S R Mitchell for Applicant L J Taylor QC and P A McBride
Judgment:	11 October 2013 at 10:00am

JUDGMENT OF THE COURT

AAn extension of time is granted to the applicant to seek leave to appeal against the judgment of the Employment Court delivered on 16 July 2012.

B        The applicant is granted leave to appeal under s 214 of the Employment Relations Act 2000 (the ERA) on the following question of law: 

Did the Judge err in law in failing or declining to take into account that a Statement of Problem had been filed within the 90 day period specified in s 114(1) of the ERA in the context of a non de novo challenge under s 179(3) and (4) of the ERA and, in consequence, determining that the applicant had not raised a personal grievance with the respondent within the 90 day period.

CThe costs of both applications are reserved.

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Solicitors:

Ryken & Associates, Auckland for Applicant
McBride Davenport James, Wellington for Respondent