| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 9/03 |
| Hearing date | 23 Jan 2003 |
| Determination date | 24 January 2003 |
| Member | P R Stapp |
| Representation | PJ Bartlett ; No appearance |
| Location | Wellington |
| Parties | Jackman v Certus Consulting Ltd |
| Summary | JURISDICTION - No appearance for respondent - Whether independent contractor or employee - Real nature test - Short term contractor arrangement to aid respondent in personal grievance taken by applicant's incumbent - Agreement provided for annual leave, sick leave and hours of work - Required to report and communicate results of performance to respondent - Employee relationship - RAISING OF PERSONAL GRIEVANCE - Application for leave to raise personal grievance out of time - No explanation in employment agreement of 90 day requirement for raising personal grievance - Explanation required under s65 Employment Relations Act 2000 - Exceptional circumstances - Just to grant leave given applicant sought to raise grievance within one month of learning of 90 day requirement - Leave granted - Direction to mediation - COSTS - Contribution to applicant's costs appropriate |
| Result | Application granted ; Orders accordingly ; Costs in favour of applicant ($1,000) |
| Statutes | ERA s6(5);ERA s65;ERA s114;ERA s114(4);ERA s114(5);ERA s115(c);ERA Second Schedule cl12 |
| Cases Cited | Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01;Koia v Carlyon Holdings Ltd [2001] 1 ERNZ 585 |
| Number of Pages | 5 |
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