| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 114 |
| Hearing date | 17-Nov-17 |
| Determination date | 22 November 2017 |
| Member | R Larmer |
| Representation | D Balfour ; H Burdon |
| Location | New Plymouth |
| Parties | McKenzie v Chris and Donna Harvey |
| Summary | JURISDICTION – Whether Authority had jurisdiction to investigate applicants substantive claims – PRACTICE AND PROCEDURE – Identity of employer – Milk Harvester |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Parties could not establish employment relationship existed. Authority does not have jurisdiction to investigate applicant’s substantive claims. No jurisdiction. PRACTICE AND PROCEDURE: Payslips and Employment Agreement signed by applicant recorded The Cow Trust (“The Trust”) as employer. At meeting of engagement respondent informed applicant that he was employed by The Trust. Applicant did not appreciate significance of employer at meeting. Correct respondent is trustee of The Trust. Applicant not employed by respondent. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA |
| Number of Pages | 3 |
| PDF File Link: | 2017_NZERA_Wellington_114.pdf [pdf 131 KB] |