| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 419 |
| Hearing date | 22-Jan-16 |
| Determination date | 23 December 2016 |
| Member | N Craig |
| Representation | R Willis ; M McGoldrick |
| Location | Auckland |
| Parties | Willis v Sommerville and Anor |
| Other Parties | Te Hihi Farms Ltd |
| Summary | JURISDICTION – Whether employment relationship existed - PRACTICE AND PROCEDURE – Identity of employer – Farm manager |
| Abstract | AUTHORITY FOUND –JURISDICTION: Employment agreement offered and accepted with sufficient certainty of terms and objective contractual intention in December 2014.PRACTICE AND PROCEDURE: Applicant informed of name of second respondent for billing purposes, although many communications from first respondent make no reference to company. 2009 employment agreement referred to second respondent as employer. All previous farm managers employed by second respondent. Applicant employed by second respondent. |
| Result | Applications granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1)(a) ; ERA s6(1)(b)(ii) ; ERA s174C(3)(a) ; ERA s174C(4) ; ERA s174E |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 (EmpC) ; Colosimo v Parker (2007) 8 NZELC 98,622 ; Kruesi v Hamua Holdings Ltd [1992] 3 ERNZ 135 (EmpC) ; McDonald v Ontrack Infrastructure Ltd [2010] NZEmpC 132, [2010] ERNZ 223 ; Petherick v Wellfit Ltd CA CA84/84, 1 October 1986 ; Service Workers Union of Aotearoa v Chan [1991] 3 ERNZ 15 (EmpC) ; Tucker Wool Processors Ltd v Harrison [1999] 3 NZLR 576 (CA) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_419.pdf [pdf 209 KB] |