| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 64 |
| Hearing date | 28 & 29 July 2015 (2 days) |
| Determination date | 29 February 2016 |
| Member | Tania Tetitaha |
| Representation | W Reid ; GE Beaumont (in person), R Beaumont (in person) |
| Location | Tauranga |
| Parties | Kidd v Beaumont and Beaumont & Ors |
| Other Parties | Gail Elizabeth Beaumont & Roy Beaumont & Diprose Miller Trustees Ltd as Trustees of the Beaument Family Trust |
| Summary | JURISDICTION – Whether applicants employees or volunteers |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Parties never discussed status of relationship. Evidence applicants motivated to intentionally avoid any employment relationship. Third parties in receipt of similar benefit disclosed earnings resulting in reduced pension. Payment arrangements inconsistent with employment relationship. Respondents had very limited supervision of applicants. Applicants’ role helpful but not integral to respondents’ business. Applicants volunteers. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1);ERA s6(1)(a);ERA s6(1)(c);ERA s6(2);ERA s6(3) |
| Cases Cited | Brook v Macown [2014] NZEmpC 79, [2014] ERNZ 639;Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] ERNZ 372;Chief of Defence Force v Ross-Taylor [2010] NZEmpC 22, [2010] ERNZ 61;Kirby v New Zealand China Friendship Society [2015] NZEmpC 189;Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_64.pdf [pdf 137 KB] |