| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 66 |
| Determination date | 19 May 2015 |
| Member | H Doyle |
| Representation | J Kirby ; D Bromwich |
| Parties | Kirby v New Zealand China Friendship Society Inc |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Whether applicant volunteer – Teacher |
| Abstract | AUTHORITY FOUND –JURISDICTION: Applicant received allowance while on placement in China and was reimbursed train and airfares by respondent. Applicant only expected to teach six hours per week while on placement and was free otherwise. Applicant undertook other projects but no contractual or legal obligations to respondent. Applicant did not expect to be rewarded for work with respondent, beyond having travel expenses reimbursed. Applicant volunteer and not in employment relationship with respondent. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1)(c) |
| Cases Cited | Brook v Macown [2014] NZEmpC79, (2014) 11 NZELR 729 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_66.pdf [pdf 161 KB] |