How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris The Lawyer Your Own Question

Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19031
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

Hi. We had an employer who resigned back in December 2012 and

Resolved Question:

Hi. We had an employer who resigned back in December 2012 and has now come back to our organisation with a PG for unfair dismissal when we did not dimiss him. He actually resigned - voluntarily. He is saying that he did not know what he was doing at the time and he felt that he was forced into resigning.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The first question is whether this has been raised within the 90 day period to claim a personal grievance. If this is outside the period, then their case is hopeless.
Customer:

He resigned in December 2012 and it is now May 2013. So it is outside the 90 day period to claim a personal grievance. They say that their lawyer has said that the case is still active within 3 years!!

christhelawyer : their lawyer sadly is mistaken. The Employment relations Act says
christhelawyer : 114Raising personal grievance(1)Every employee who wishes to raise a personal grievance must, subject to subsections (3) and (4), raise the grievance with his or her employer within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period.
christhelawyer : That is pretty clear.
christhelawyer : That does not take into account the substantive defence, that he resigned and didn't get fired.
christhelawyer : He will be claiming constructive dismissal I assume, which is quite difficult to prove anyway.
Customer:

Yep that seems VERY CLEAR!! So we musnt allow him to think that we are going to consent to have the personal grievance being raised after the expiration period. Please then what would be your advice for us as an organisation to do next?

Customer:

I am the chairperson of our whanau organisation, and will be talking to our members of our committe about the Employers relations Act and what you have advised - PG would not stand because it's outside the 90 day period. Am seeking support from other members to have a couple of our members to visit with him and deliver our stance. What do you think?

christhelawyer : Actually you can just tell him he is hopelessly late, there is no claim, and only meet if you want to. If he brings whanau to discuss this then you may want to be polite but firm, and say you are sorry but he is dreaming if he thinks he can get anywhere on this.
Customer:

Ok. Thank you for your advice and am happy to carry out your advice.

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19031
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawNZ

    Other

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
< Last | Next >
  • /img/opt/shirt.png LawNZ's Avatar

    LawNZ

    Other

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8568
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    20232
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8224
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    136
    7+ years of experience handling various legal matters.
 
 
 

Related New Zealand Law Questions