| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 4A/02 |
| Hearing date | 28 May 2002 |
| Determination date | 31 May 2002 |
| Member | P R Stapp |
| Representation | R Wurster ; A Dawson (in person) |
| Location | Auckland |
| Parties | Call Stratum Pty Ltd v Dawson |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Found to be an employee of the applicant - Alleged new evidence would show respondent had been contractor - Letter in which respondent had confirmed himself as contractor - Letter did not significantly alter finding of decision - Nature of employment relationship dependent upon numerous factors beyond words of intention - Respondent had admitted belief he was a contractor - Held to be an employee - Letter should have been available to applicant during investigation meeting - No sufficient grounds to reopen investigation - COSTS - Litigants in person - Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA Second Schedule cl4 |
| Cases Cited | Port v Call Stratum Pty Ltd unreported, PR Stapp, 16 January 2002, AA 4/02 |
| Number of Pages | 3 |
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