| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 339 |
| Determination date | 01 October 2012 |
| Member | R A Monaghan |
| Representation | A G Birchall (in person) ; B Rankin |
| Parties | Birchall v Breznaq Ltd and Ors |
| Other Parties | Converging Equities Ltd, Rankin, Woodhams |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant knew first respondent to be operating company through which technology developed by applicant to be used by second respondent – Found applicant’s employment agreement cited first respondent as employer, applicant had benefit of legal advice and first respondent conducted own business – Found fact second respondent provided funding for applicant pending raising of capital did not outweigh these factors – Found applicant employed by first respondent only – ARREARS OF WAGES – Applicant sought arrears of wages – First respondent to pay applicant $132,307 arrears of wages – RECOVERY OF MONIES – Applicant sought recovery of expenses – First respondent to pay applicant $8,008 recovery of monies – Water diviner |
| Abstract | Applicant employed by first respondent as water diviner. Applicant claimed employed by second respondent also. Applicant sought arrears of wages and recovery of expenses. Applicant sold business and intellectual property to second respondent. First respondent operating company through which technology developed by applicant to be used. Applicant entered employment agreement (“EA”) with first respondent. Second respondent attempted to raise capital for first respondent and provided funding for applicant’s salary and expenses during this time. Applicant claimed not paid fully.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant knew when sold business first respondent to be operating company through which technology developed by applicant to be used by second respondent. Applicant’s EA cited first respondent as employer, applicant had benefit of legal advice and first respondent conducted own business. Fact second respondent provided funding for applicant pending raising of capital did not outweigh these factors. Applicant employed by first respondent only.;ARREARS OF WAGES: First respondent accepted owed amount claimed. First respondent to pay applicant $132,307 arrears of wages.;RECOVERY OF MONIES: First respondent accepted owed amount claimed. First respondent to pay applicant $8,008 recovery of monies. |
| Result | Applications granted (arrears of wages)(recovery of monies); Arrears of wages ($132,307); Recovery of monies ($8,008.63); Application dismissed (practice and procedure); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Practice & Procedure |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_339.pdf [pdf 111 KB] |