| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 450 |
| Determination date | 03 November 2014 |
| Member | J Crichton |
| Representation | L Lim ; Z Zhang (in person) |
| Location | Auckland |
| Parties | Su v i Golf Ltd and Anor |
| Other Parties | Zhang |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondents –Physical altercation between applicant and second respondent – Assault complaints – Work visa |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant and second respondent advised by Police not to have any contact with each other. Difficult to see how employment relationship could have existed when applicant prevented from contact with superior. Difficult not to view contact between applicant and second respondent after altercation as minimal given Police instructions. Applicant continuing to have access to first respondent’s bank account and engaging with Inland Revenue Department on behalf of first respondent could be explained as pre-dating altercation. Second respondent made position clear to applicant’s mother after altercation. No evidence second respondent ever employed applicant personally. Parties not in employment relationship. No jurisdiction. |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | Summary Offences Act 1981;Trespass Act 1980 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_450.pdf [pdf 2.2 MB] |