| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 117 |
| Hearing date | 9-Feb-17 |
| Determination date | 19 April 2017 |
| Member | V Campbell |
| Representation | A Swan ; A Evans |
| Location | Auckland |
| Parties | Christian and Anor v Platinum Chauffeur Drive 2012 Ltd |
| Other Parties | Christian |
| Summary | JURISDICTION – Whether applicants employees – Prospective purchasers of company- Drivers |
| Abstract | AUTHORITY FOUND;JURISDICTION: Parties intended applicants would work in the business as part of process of applicant’s purchasing majority shareholding. Applicants undertook tasks as if operators of business not under control of respondent. Applicants integral to business but undertook work as if already owners of business. Applicants business partners not employees. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1) ; ERA s6(3) ; ERA s174E |
| Cases Cited | Atkinson v Phoenix Commercial Cleaners Ltd [2015]NZEmpC 19, [2015] ERNZ 10;Bryson v Three Foot Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Auckland_117.pdf [pdf 206 KB] |