he Triangular Employment Bill will come into effect in June this year. The bill applies specifically to employment relationships where employees are employed by an employer, but also work under a ‘controlling third party’ who exercises or is entitled to exercise, control or direction over the employee which is similar to that of an employer. An example of this type of relationship would be between a labour hire company, the temp labourer and the company that engages the labour hire company to provide a temp.
Under section 103B of the ERA, employees in the relevant working arrangement will have the ability to apply to join a controlling third party to an existing personal grievance claim against their employer. This is subject to the same 90-day notification period within which the employee can raise a personal grievance against their employer. An employer can also apply to join a controlling third party to a personal grievance proceeding they are facing, provided they notify the controlling third party within 90 days of the personal grievance being raised.
Both an employee and employer may now apply to the Employment Relations Authority or the Employment Court to join a controlling third party to a personal grievance proceeding. An application must be granted by the Authority or Court where it is satisfied that:
If you need any help with this regulation, please contact Tarryn on 027 530 1255
Tarryn has worked in HR for over 14 years and loves to solve problems. She is a self professed employment relations junkie! She lives in Auckland with her dedicated husband, tireless toddler and three special needs cats.