| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 54 |
| Determination date | 16 February 2012 |
| Member | K J Anderson |
| Representation | M Webster ; L Simpson (in person) |
| Location | Auckland |
| Parties | Waters v Simpson and Anor |
| Other Parties | Cafe Cibo Ltd t/a Cafe Villaggio |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant subject to 90 day trial period – Whether applicant employed by caf� owner (“S”), business (“V”) or company which owned business (“C”) – Authority found wage records and tax schedules provided identified C as apparent employer – Applicant claimed S employer – Found pay slips, schedule of earnings, and employer monthly schedule all identified C as apparent employer – Applicant claimed S employer based on initial discussion about employment, meeting about terms of employment, conduct of S during course of employment, and context of letter from S referring to applicant’s permanent employment – Found applicant’s contact with S not conclusive of employment relationship given nature of business and active involvement of S – Found more probable than not that C employer |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Cases Cited | Colosimo v Parker unreported, Perkins J, 6 Dec 2006, AC 68/06 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_54.pdf [pdf 15 KB] |