| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 395/04 |
| Hearing date | 2 Aug 2004 |
| Determination date | 02 December 2004 |
| Member | Y S Oldfield |
| Representation | T Clark ; R Paramenter |
| Location | Auckland |
| Parties | Madhok v Intercontinental Financial Services Corporation Ltd and Anor |
| Other Parties | Patel |
| Summary | ARREARS OF WAGES - Whether employed between July and December 2001 - Sought payment for work done between July and December 2001 - Applicant helped son (RP") of his then employer establish new business (first respondent) secretly - Applicant helped RP establish business while employed by RP's father from July to December 2001 - After RP's father found out about venture RP left father's business and applicant joined him - Neither party came to Authority with clean hands - Satisfied applicant worked for RP between July and December 2001 on understanding would be repaid in some way - Whether legally binding agreement which covered that period - No intent by RP on behalf of first respondent to be legally bound - Applicant's case failed at first hurdle - No agreement prior to December 2001 - Even if was agreement was left open as to how RP would repay applicant - Any agreement void for uncertainty - Alternatively any obligation by RP or first respondent met by provision of employment in January 2002" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s160(3) |
| Cases Cited | Fletcher Challenge Energy Ltd v Electricity Corporation of New Zealand Ltd [2002] 2 NZLR 433 |
| Number of Pages | 7 |
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