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Cheer c SCS Contractors Ltd
18 Sep 2006, M Urlich, AA 296/06, (3 pages)
JURISDICTION - Whether employee or independent contractor -
Dispute over which advertisement applicant responded to - Only one sought
contractor - No evidence parties discussed issue at interview - Engagement
started with training period - Respondent maintained close level of control over
applicant - Respondent's requirement that requisites for setting up as a
contractor be fulfilled after training period pointed to relationship, at least
during that phase, being contract of service - Conduct, documentation, direction
of training and equipment applicant trained on, and approval process for invoice
met common law tests for contract of service - Employee - Parties directed to
mediation - Spouting installer
Result: Application granted ; Parties directed to mediation ; Costs reserved
Otene v AG Walter & Sons Ltd
26 Jun 2006, A Dumbleton, AA 218/06, (2 pages)
JURISDICTION - Whether settlement between parties prevented
pursuit of personal grievance - Applicant alleged unjustifiably disadvantaged by
warning and unjustified dismissal - Immediately after dismissal union organiser
raised grievance about it and sought reinstatement - When clear respondent
opposed reinstatement organiser sought payment instead - Organiser discussed
offer of one week's further pay with applicant - Applicant accepted offer
knowing in full and final settlement of dismissal grievance - Grievance resolved
and could not be reopened - Grievance in respect of warning not raised within 90
days - Grievance unable to proceed -
Driver
Result: Application dismissed ; No order for costs
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