Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 123/04
Hearing date 15 Sep 2004
Determination date 15 September 2004
Member D Asher
Representation J Woolf (in person) ; J Dobson
Location Wellington
Parties Woolf v Three Foot Six Ltd
Summary PRACTICE AND PROCEDURE - Application for adjournment by respondent - Applicant alleged respondent in breach of settlement order and sought either Authority hear case as though no settlement agreement or order compliance - Respondent alleged applicant not employee - Respondent sought adjournment pending Court of Appeal decision of Three Foot Six Limited v Bryson - Bryson involved same respondent and same terms of engagement though some factual differences - Appropriate to await Court of Appeal decision - Likely challenge by successful party - Decision likely to be illuminative of applicant's arrangements - Real prospect existed of double-handling if were to proceed with original agreement to investigate matter - Agreed timetables put to one side pending Court of Appeal decision - Application for adjournment granted
Result Application for adjournment granted ; Costs reserved
Statutes ERA s6;ERA s137;ERA s149(3);ERA s159
Number of Pages 5
PDF File Link: PDF file not available for download, please contact us to request a copy.