| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 100/04 |
| Hearing date | 3 Aug 2004 |
| Determination date | 05 August 2004 |
| Member | D Asher |
| Representation | F Ahmed (in person) ; C O'Connor |
| Location | Wellington |
| Parties | Ahmed v Klaphake and Anor |
| Other Parties | Hyperlink Ltd |
| Summary | JURISDICTION - Identity of parties - First respondent sole director of second respondent - Documentation showed parties to contracts were applicant and second respondent - First respondent's name struck out - Whether employee or independent contractor - First contract specified employment was on casual, project by project basis and applicant was contractor - Respondent undertook steps to obtain WINZ Job Plus subsidy for applicant - Applicant signed individual employment agreement - Respondent alleged employment agreement conditional on gaining subsidy and specific project going ahead - Applicant alleged he accepted unqualified offer of employment - Respondent not in position to offer permanent employment unless project obtained - Applicant signed acknowledgement that employment agreement was not offer of employment on same day he signed agreement - Applicant not employee - RAISING OF PERSONAL GRIEVANCE - Respondent alleged applicant did not raise grievance within 90 day period - Email from Department of Labour Mediation Service confirming lodgement of personal grievance only record of applicant putting concerns to Mediation Service not respondents - Uncertain timing and content of phone call to respondent from Mediation Service did not amount to reasonable step to make employer aware of grievance - Grievance raised out of time |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114;ERA s114(2) |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |