| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 236 |
| Hearing date | 26 Oct 2012 |
| Determination date | 29 October 2012 |
| Member | M B Loftus |
| Representation | L Zhang ; J Hart |
| Location | Blenheim |
| Parties | Guilin v Koura Bay Wines Ltd (In Receivership) |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Authority found no statement applicant would become employee of respondent – Found respondent had no need for applicant’s services and unlikely to have sourced services – Found applicant not employed by respondent – Application dismissed |
| Abstract | Applicant sought $13,668 arrears of wages. Respondent accepted applicant performed work but claimed respondent did not employee applicant. Applicant worked on various vineyards owned by different companies. Owner of respondent (S") also owned two of three other companies applicant worked for. Third company (“Q”) applicant worked for owned by applicant’s representative (“Z”). S and Z entered into arrangement where worked together on jobs and shared provision of equipment and labour. Z claimed asked by S if some of S’s employees would do “cash job.” Z claimed believed meant applicant would perform task as employee of S. S claimed Z suggested applicant do work but as applicant did not speak English all paperwork Z’s responsibility. Z and S discussed payment but no payment to applicant made.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE : Whether contractors or employees, those who provided labour on vineyards were Q’s responsibility and paid by Q and labour contracted through intermediary. Issue whether S and Z’s agreement changed usual approach. No statement applicant would become employee of S or respondent. Respondent marketing and wine distribution company and owned neither land nor vines. Respondent had no need for applicant’s services and unlikely to have sourced services. Applicant not employed by respondent. Application dismissed." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_236.pdf [pdf 97 KB] |