Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a worker engaged as an independent contractor wishes to challenge their status under the 2026 contractor gateway to claim employee rights and raise an unjustified dismissal grievance. This guide is used by legal practitioners to analyze the relationship, raise the grievance, and secure a declaration of employment status in the Authority.
Jurisdiction: New Zealand Employment Relations Authority (national registries). This fork covers preliminary status challenges under Section 6 of the Employment Relations Act 2000.
The Process at a Glance: The process starts with an audit of the contractor agreement against the five statutory criteria. The practitioner serves the personal grievance letter asserting employee status. If unresolved, the practitioner files Form 1 requesting a status declaration, exchanges witness evidence, and represents the client at the preliminary hearing.
Key Legislation and Case Law: Employment Relations Act 2000 - s 6 (definition of employee). Key cases: [Bryson v Three Foot Six Ltd [2005] NZSC 34](https://www.employmentcourt.govt.nz/) on the real nature of the relationship.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Personal Grievance for Unjustified Dismissal (Applicant) - Contractor Status Challenge matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Contractor Status: Under s 6 of the Employment Relations Act 2000, the Court must determine the real nature of the relationship. Key cases: Bryson v Three Foot Six Ltd [2005] NZSC 34 confirms that all relevant factors (control, integration, intention, industry practice) must be weighed. The 2026 amendments establish a strict 5-part preliminary gateway.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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