103B Joining controlling third party to personal grievance

(1)

This section applies if—

(a)

an employee has—

(i)

raised a personal grievance in accordance with section 114; and

(ii)

applied to the Authority to resolve a personal grievance with the employee’s employer; and

(b)

the personal grievance relates to an action that is alleged to have occurred while the employee was working under the control or direction of 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 proceedings to resolve the personal grievance.

(3)

The Authority or the court must grant the application to join a controlling third party if the Authority or the court is satisfied—

(a)

that the requirement to notify the controlling third party in accordance with section 115A has been complied with; and

(b)

that an arguable case has been made out—

(i)

that the party to be joined to the proceedings is a controlling third party; and

(ii)

that the party’s actions caused or contributed to the personal grievance.

(4)

The Authority or the court may, at any stage of the proceedings, of its own motion join a controlling third party to the proceedings by order.

(5)

If the Authority or the court joins the controlling third party to the proceedings, the Authority or the court must consider whether to direct the employer, the employee, and the controlling third party to use mediation services to seek to resolve the personal grievance.

Section 103B: inserted, on 27 June 2020, by section 6 of the Employment Relations (Triangular Employment) Amendment Act 2019 (LI 2019 No 36).