| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/06 |
| Hearing date | 7 Jun 2006 |
| Determination date | 22 June 2006 |
| Member | A Dumbleton |
| Representation | D Erickson ; A McKay |
| Location | Auckland |
| Parties | Willis v Fernridge Holdings Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - No dispute initially entered into employment relationship - Applicant requested change to remuneration arrangement, and began invoicing respondent - Applicant performed same work and received same remuneration - Motive for change not as important as intention - Parties did not intend to change substance of relationship - Applicant an employee - Arrears claim could proceed - RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant claimed so affected or traumatised unable to properly consider raising personal grievance - Actions of applicant after dismissal showed ability to think and act normally - Authority did not accept prevented from complaining about contended dismissal for months on end - Employment agreement did not contain plain language explanation of dispute resolution procedures - Provision not statutory requirement when employment agreement entered into - Merits of applicant's claim lowered as wanted appearance of independent contractor whilst retaining benefits of employee - Overall delay of about 18 months great enough that in justice leave should be declined - Applicant introduced equivocality into relationship which counted against her when looking at justice of matter - No exceptional circumstances - Marketing manager |
| Result | Application granted (Jurisdiction) ; Application dismissed (Raising personal grievance) ; Costs reserved |
| Statutes | ERA s65, ERA s114(5), ERA s115, ERA s115(a), ERA s115(c), ERA s242(2) |
| Cases Cited | Gillespie v Data Group Ltd unreported, K Raureti, 25 July 2003, AA 224/03 |
| Number of Pages | 5 |
| PDF File Link: | aa 210_06.pdf [pdf 64 KB] |