| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 402/04 |
| Determination date | 07 December 2004 |
| Member | Y S Oldfield |
| Representation | P Cacciopoli (in person) ; C Patterson |
| Location | Auckland |
| Parties | Caccioppoli v Board of Trustees of Edmund Hilary School |
| Summary | JURISDICTION - Whether employment relationship - Respondent school Board of Trustees - Applicant nominated to be co-opted onto respondent - Elected to be chairperson - Entitled to claim board member's fee or honorarium - Election to office did not necessarily create employment relationship - Whether different because applicant was co-opted by respondent rather than elected by parents - Explanation of Education Act 1989's regime for school administration - Respondent submitted Board members were members of Crown entity whose status and role was distinct from that of Board employees - No employment relationship - No evidence of intention to create legal relations, offer and acceptance, or consideration - Both election and co-option forms of appointment to office pursuant to statute - Intention to create legally binding relationship could not be inferred from exercise of statutory powers alone - Required to demonstrate intention to create additional relationship by words or actions beyond co-option - Honorarium provided for by statute did not confer additional benefit upon holder beyond reimbursement of expense incurred by holding of office - No employment relationship - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Statutes | Education Act 1989 s78I;Education Act 1989 s88(2);Education Act 1989 s88(3);Education Act 1989 s101;Education Act 1989 s103(1)(da);Education Act 1989 s103(3);Education Act 1989 s103(4);Education Act 1989 Sixth Schedule;Education (School Trustee Elections) Regulations 2000 |
| Cases Cited | Knight v Attorney-General |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |