| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 339 |
| Hearing date | 10 Jul 2013 |
| Determination date | 06 August 2013 |
| Member | J Crichton |
| Representation | G Bennett ; M McGoldrick |
| Location | Auckland |
| Parties | Wickman v Peter Small as executor of the estate of Henry Lester Small and Anor |
| Other Parties | Small |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondents – Henry Small (“Small Snr”) owned dairy farm – Applicant employed by Small Snr over 20 years prior to Small Snr’s death – Whether applicant’s relationship with Small Snr contractual – Applicant furnished invoices and operated company registered for GST – Applicant continued to work following Small Snr’s death |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Small Snr never operated farm in anything other than own name. Strong personal friendship between applicant and Small Snr. Applicant had no legal relationship with second respondent. Relationship between applicant and Small Snr personal. Relationship expired upon death of Small Snr. Applicant could have no legitimate expectation of continuing employment following Small Snr’s death. Applicant not employed by first respondent. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Law Reform Act 1936 s3 |
| Cases Cited | Farrow v Wilson (1869) LR 4 CP 744;Nokes v Doncaster Amalgamated Collieries, Ltd [1940] AC 1014 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_339.pdf [pdf 209 KB] |