| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 92 |
| Hearing date | 14 Aug 2014 |
| Determination date | 23 September 2014 |
| Member | T MacKinnon |
| Representation | M Foote (in person) ; C Leung (in person) |
| Parties | Foote v Leung |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - Contract for services in exchange for applicant occupying respondent's flat - Tenancy issues - Applicant claimed nature of relationship changed to employment |
| Abstract | AUTHORITY FOUND -;JURISDICTION - Parties did not intend employment relationship when agreement first entered. Variation to agreement did not materially affect relationship. Respondent sought consistency with which applicant undertook maintenance work but did not indicate element of control expected in employment relationship. No evidence to support claim relationship changed to that of employment. Applicant not employee. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Koia v Carlyon Holdings Ltd [2001] ERNZ 585; (2001) 6 NZELC 96,407;Clark v Northland Hunt Inc (2006) 4 NZELR 23 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Wellington_92.pdf [pdf 176 KB] |