Section 115 — Employment Relations Act 2000: Further provision regarding exceptional circumstances under section 114

115 Further provision regarding exceptional circumstances under section 114 For the purposes of section 114(4)(a) , exceptional circumstances include— (a) where the employee has been so affected or traumatised by the matter giving rise to the grievance that he or she was unable to properly consider raising the grievance within the period specified in section 114(1) ; or (b) where the employee made reasonable arrangements to have the grievance raised on his or her behalf by an agent of the employee, and the agent unreasonably failed to ensure that the grievance was raised within the required time; or (c) where the employee's employment agreement does not contain the explanation concerning the resolution of employment relationship problems that is required by section 54 or section 65 , as the case may be; or (d) where the employer has failed to comply with the obligation under section 120(1) to provide a statement of reasons for dismissal.