| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 20/06 |
| Hearing date | 13 Oct 2005 |
| Determination date | 10 February 2006 |
| Member | P R Stapp |
| Representation | JD Bryson (in person) ; P Muir |
| Location | Wellington |
| Parties | Bryson v Three Foot Six |
| Summary | RAISING OF PERSONAL GRIEVANCE - Whether personal grievance raised within 90 day timeframe - Applicant's role disestablished as filming for Lord of the Rings movie wound down - Evidence indicated that applicant had range of issues about relationship with his Head of Department - However, Authority was not satisfied that applicant had taken positive step and put his employer on notice that he was aggrieved about termination of contract to sufficiently enable respondent to remedy problem as soon as possible, including invoking arbitration clause in parties' contract (crew deal memo") - Applicant's statements that he assumed Head of Department's dislike of him caused him not to be kept on, and that he wanted to stay on but was given no choice were insufficient to constitute raising of a grievance - Whether exceptional circumstances to grant leave to raise personal grievance out of time - No explanation in crew deal memo concerning resolution of employment relationship problems - This because at time crew deal memo was entered into it was signed as contract for services - Courts had since determined that real nature of relationship was contract of service - However, contract could not be deemed to apply retrospectively as employment agreement - Applicant had not established that lack of employment relationship problem clause in contract occasioned delay in filing personal grievance - No evidence he even looked at crew deal memo after he signed it - No exceptional circumstances existed - On-set model technician" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s54;ERA s65;ERA s114;ERA s114(4) |
| Number of Pages | 8 |
| PDF File Link: | wa 20_06.pdf [pdf 36 KB] |