Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 195/05
Determination date 22 December 2005
Member P R Stapp
Representation T Kelly ; E Duncan (in person)
Location Wellington
Parties IBT International New Zealand Ltd v Duncan
Summary PRACTICE AND PROCEDURE - Memorandum recording telephone conference raised issue about Authority's jurisdiction on a contract for services - Parties agreed that contract presented to Authority was a contract for services and that respondent was an independent contractor - Arrangements had been put in place for parties to attend mediation services prior to contractor issue being raised - Parties not prevented from using services of Department of Labour mediation on a work-related matter - Also relevant was the matter of any continuance of an undertaking given by the respondent - Those were now matters requiring the parties' voluntary agreement - Application could not be taken any further by the Authority
Result Application dismissed ; No order for costs
Statutes ERA s144A
Number of Pages 2
PDF File Link: wa 195_05.pdf [pdf 6 KB]