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

A	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.

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