| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 170 |
| Hearing date | 21-Aug-15 |
| Determination date | 12 November 2015 |
| Member | Helen Doyle |
| Representation | G La Hood ; A Riches |
| Location | Christchurch |
| Parties | Baldwin (Labour Inspector) v Goldengrove Stud Farm Ltd and Anor |
| Other Parties | Silcock |
| Summary | JURISDICTION - Whether applicant employee or volunteer - Applicant assisted with stud farm duties full time and usually paid $300 per week - Respondent provided applicant with accommodation and food - PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first respondent or second respondent personally- Farmhand |
| Abstract | AUTHORITY FOUND -JURISDICTION: No prior discussion that work would be voluntary. Payments of $300 per week suggested applicant expected to be rewarded for work. Common intention that applicant would undertake paid work. Work done by applicant integral to business. Relationship assessed on own facts despite industry practice of using volunteers. Applicant employee.PRACTICE AND PROCEDURE: Applicant not told she would not be working for first respondent. Payments received by applicant from first respondent. Applicant employed by first respondent. |
| Result | Applications granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 - ERA s11 - ERA s223 - ERA s223D - ERA s229(1)(c) - Holidays Act s77 - Minimum Wages Act 1983 |
| Cases Cited | Brook v Macown [2014] NZEmpC 79, (2014) 11 NZELR 729;Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] ERNZ 372;Hambly v Museum of Transport and Technology Board [2011] NZERA Auckland 33;Kirkby v New Zealand China Friendship Society [2015] NZEmpC 189;Mathieson v The Beecroft Garden Trust [2012] NZERA Christchurch 215;Mehta v Elliott [2003] 1 ERNZ 451 (EmpC);Strachan v Moodie (aka Miss Alice") t/a Moodie & Co [2012] NZEmpC 95, (2012) 10 NZELR 216" |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Christchurch_170.pdf [pdf 306 KB] |