| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 343 |
| Determination date | 20 August 2014 |
| Member | R Larmer |
| Representation | R Kent (in person) ; B Foote |
| Parties | Kent v Barkers Park Ltd and Ors |
| Other Parties | P & K NZ Ltd, Park |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Applicant claimed employed by all respondents jointly - No dispute applicant employed by first respondent - Third respondent director and shareholder of first respondent - Applicant authorised to represent second respondent in dealings with Council - Chief executive officer |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant received salary from first respondent. Applicant's interactions with third respondent were in third respondent's capacity as director and shareholder of first respondent. No offer of employment made by second respondent and any work that may have benefited second respondent done in applicant's capacity as employee of first respondent. No mutual intention to create legal relations between applicant and second and third respondents. Applicant and second and third respondents did not act is if in direct employment relationship. Complete absence of agreed terms between applicant and second and third respondents, much less certainty of terms. Absence of consideration between applicant and second and third respondents. Applicant employed by first respondent only. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_343.pdf [pdf 95 KB] |