| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 166/02 |
| Hearing date | 30 May 2002 |
| Determination date | 04 June 2002 |
| Member | D King |
| Representation | J Down ; T Singh |
| Location | Auckland |
| Parties | Dickie v Blakely and Ors |
| Other Parties | Sutherland, Crapper, Williamson |
| Summary | SUBMISSION OF GRIEVANCE - Whether personal grievance raised with first respondent within 90 day period - Grievance raised 8 months after dismissal - Whether exceptional circumstances - Alleged delay caused by belief that still employed by first respondent - Reason not sufficient to meet exceptional circumstances requirement - Grievance raised out of time - JURISDICTION - Whether employee or independent contractor - Established business under contract with respondents - Agreement to book respondents' business before competitors - Given use of premises rent free - Responsible for hiring own staff, preparing own stationary and choosing operating hours - Respondents owned and maintained all the marketing material - Significant degree of control did not displace contractor status - Not an employee - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
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