BARKER v IDEA SERVICES LIMITD CA150/2013 [2013] NZCA 479
The Court granted an extension of time and leave to appeal under s214 on the narrow question of whether the Employment Court erred in law by failing to take into account that a Statement of Problem had been filed within the 90 day period specified in s114(1) ERA when assessing a non de novo challenge under s179(3)...
Source-derived case information.
- Citation
- [2013] NZCA 479
- Parties
- Applicant: Valerie Barker; Respondent: Idea Services Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 11 October 2013
- Procedural Posture
- Application for Leave to Appeal to Court of Appeal (employment Law) / Extension of Time Granted; Leave to Appeal Granted; Costs Reserved
- Outcome
- Extension of time granted; applicant granted leave to appeal on specified question of law; costs reserved.
- Legal Topics
- Personal Grievance Time Limits, Statement of Problem, Leave to Appeal, Extension of Time, Employment Relations Act 2000 S114, S179, S214
Source-derived case record
Summary, issues, holding and outcome
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Parties
Valerie Barker
Applicant
Idea Services Limited
Respondent
Procedural Posture
Application for Leave to Appeal to Court of Appeal (employment Law) / Extension of Time Granted; Leave to Appeal Granted; Costs Reserved
Legal Issues
- 1 Whether an extension of time should be granted to seek leave to appeal
- 2 Whether a Statement of Problem filed within 90 days under s114(1) ERA meant the personal grievance was raised in time for a non de novo challenge under s179(3) and (4)
- 3 Whether the Employment Court erred in law by failing to take the Statement of Problem into account
Ratio Decidendi
The Court granted an extension of time and leave to appeal under s214 on the narrow question of whether the Employment Court erred in law by failing to take into account that a Statement of Problem had been filed within the 90 day period specified in s114(1) ERA when assessing a non de novo challenge under s179(3) and (4).
Court Disposition
Extension of time granted; applicant granted leave to appeal on specified question of law; costs reserved.
Orders
- Extension of time granted for applicant to seek leave to appeal against the Employment Court judgment of 16 July 2012
- Leave to appeal granted under s214 ERA on the question: 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 s114(1) ERA in the context of a non de novo challenge under s179(3) and (4)?
Full Case Text
Judgment text and source record
1 paragraphs
BARKER v IDEA SERVICES LIMITD CA150/2013 [2013] NZCA 479 [11 October 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA150/2013[2013] NZCA 479BETWEEN VALERIE BARKERApplicantAND IDEA SERVICES LIMITDRespondentHearing: 7 October 2013Court: Randerson, Harrison and French JJCounsel: S R Mitchell for ApplicantL J Taylor QC and P A McBrideJudgment: 11 October 2013 at 10:00amJUDGMENT OF THE COURTA An 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.C The costs of both applications are reserved.____________________________________________________________________Solicitors:Ryken & Associates, Auckland for ApplicantMcBride Davenport James, Wellington for Respondent