| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 16 |
| Hearing date | 18 Aug 2011 |
| Determination date | 30 January 2012 |
| Member | M B Loftus |
| Representation | B Nevell ; no appearance ; D Polson (counsel for Harris) |
| Location | Dunedin |
| Parties | Wallace v G P and S L Glaister Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – No appearance for respondent – Applicant claimed owed unpaid wages from respondent – Applicant claimed performed range of tasks for respondent and agreed with respondent co-owner (“G”) that would be paid for work which benefited respondent after G settled matrimonial property dispute with respondent co-owner (“H”) – H claimed had no discussion about applicant’s employment which was contrary to previous practice and many tasks which applicant carried out would usually be undertaken free of charge by farmer’s partner – G claimed had always employed staff without obtaining H’s consent – G prepared report for bank which referred to applicant as unpaid staff member – Applicant and G agreed written employment agreement which cited respondent as employer – Applicant and G later agreed to amend agreement so that applicant was paid salary rather than per hour – G forwarded $500 from personal drawings from respondent to applicant as advance on wages – Authority found G was applicant’s employer – Found applicant did not identify respondent as employer when questioned – Found in initial arrangement no suggestion made that H or any entity in which H had ownership or control would be responsible for payments to applicant – Found applicant stated unfair for G to continue to be responsible for wage bill after property dispute failed to settle because own efforts had contributed to increase in respondent’s value in which H would share – Found G not credible witness – Found G did not have authority to enter employment arrangements with applicant without H’s consent during relevant period – Office Administrator and Human Resources Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Christchurch_16.pdf [pdf 42 KB] |