| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 130 |
| Hearing date | 1 Oct 2013 |
| Determination date | 18 October 2013 |
| Member | G J Wood |
| Representation | M Mahoney (in person) ; T Shreves |
| Location | Taupo |
| Parties | Mahoney v Aotearoa Tourism Management Ltd |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Applicant 25 per cent shareholder in respondent – Applicant drafted shareholder agreement – Shareholder agreement not signed – Shareholders agreed applicant would receive $2,000 per month – No PAYE deducted from payments – No written employment agreement – Applicant provided ski pass and listed as staff member on respondent’s Facebook page – Applicant fell out with other shareholder – Applicant removed as director – Whether applicant received salary – Managing director |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Draft shareholders’ agreement made clear applicant not employee. Parties did not intend for applicant to be employee. $2,000 payments advance on profits. No company provisions provided for engagement of directors as employees. Applicant driving force behind respondent. Respondent did not exert control over applicant. Integration test provided little assistance. Applicant conducted business on own account as owner, shareholder and director of respondent. Applicant not in employment relationship with respondent. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s6 |
| Cases Cited | Secretary of State for Trade and Industry v Bottrill [2000] 1 All ER 915;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323;Tsoupakis v Fendalton Construction Ltd unreported, Colgan CJ, 18 June 2009, WC16/09 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_130.pdf [pdf 217 KB] |