New Zealand Legislation: Bills

6 New section 103B inserted

• The principal Act is amended by inserting the following section after section 103A:

  “103B Joining controlling third party to personal grievance

  • “(1) This section applies if—

    • “(a) an employee has applied to the Authority to resolve a personal grievance with his or her employer; and

    • “(b) the personal grievance relates to the performance of work by an employee for a controlling third party.

    “(2) The employee or the employer, or both, may apply to the Authority or the Court to join the controlling third party to the action to resolve the personal grievance.

    “(3) The Authority or the Court may grant the application to join a controlling third party, but only if—

    • “(a) either—

      • “(i) section 115A has been complied with; or

      • “(ii) the employee has previously applied to the Authority to resolve a personal grievance with the person, and the Authority or the Court has determined that the person is not the employee's employer; and

    • “(b) the Authority or the Court determines that there is a serious question to be tried as to whether the controlling third party contributed towards the situation that the personal grievance relates to.

    “(4) If the Authority or the Court grants the application, the Authority or the Court, as the case may be, must consider whether to direct the employer, the employee, and the controlling third party to use dispute resolution services or mediation services, as appropriate, to seek to resolve the grievance.”