| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 128 |
| Determination date | 15 October 2013 |
| Member | T MacKinnon |
| Representation | T Lamerton (in person) ; S Brown |
| Parties | Lamerton v Comsol (Computer Solutions) Ltd |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - Applicant employee and director of respondent - Applicant's remuneration reduced |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Relationship had some features of employment relationship. Although possible for director to be employee each case dependent on facts. Applicant had equal voting rights therefore claim unsustainable. Applicant equally responsible for setting level of remuneration and could not be disciplined or dismissed without agreement. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 - ERA s6(2) - ERA s6(3) - ERA s174(b) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Lee v Lee’s Air Farming Ltd [1961] NZLR 325;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Wellington_128.pdf [pdf 37 KB] |