| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 52 |
| Hearing date | 1 Feb 2012 |
| Determination date | 13 February 2012 |
| Member | R Arthur |
| Representation | P Kaur (in person) ; H Singh, V Singh |
| Location | Auckland |
| Parties | Kaur v Sri Guru Singh Sabha Auckland Inc |
| Summary | JURISDICTION – Whether applicant employee or volunteer – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed all work done by applicant was as volunteer – Applicant claimed started work for respondent as volunteer but arrangement changed after respondent had been allocated money in order to help raise standard of school – Respondent president (“S”) claimed payments to applicant started in response to applicant’s request – Authority found evidence showed applicant was employee because more likely than not parties had mutual intention to create legal obligations and sufficient certainty regarding terms of relationship – Found applicant’s request for payment and respondent’s agreement to do so transformed relationship into one that was for hire and reward – Found deduction of PAYE from payments made to applicant suggested both parties understood that appropriate tax deduction was one applied to employee – Found findings related to specialised role of teachers in Saturday school and did not apply generally to other truly voluntary work – Found wage bargain and requirement to perform duties to standard set by respondent amounted to contract for service – Found applicant employee – Teacher |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1)(a);ERA s102;ERA s159;ERA s174 |
| Cases Cited | A Mark Publishing New Zealand Ltd v Kendal unreported, Goddard CJ, 14 August 1995, CEC34/95;Gray v Nelson Methodist Presbyterian Hospital Chaplaincy Committee [1995] ERNZ 672;Inspector of Awards v Religious Society of Friends (Quakers) Wellington Monthly Meeting [1984] ACJ 409;Mabon v Conference of the Methodist Church in New Zealand [1998] 2 ERNZ 440;MacGillivray v Jones (t/a Tahuna Camp Store) [1992] 2 ERNZ 382;McCulloch v Director General of the Department of Social Welfare [2000] ERNZ 467;Teen Ranch Pty Ltd v Brown [1995] AILR 4205 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_52.pdf [pdf 40 KB] |