| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81/05 |
| Hearing date | 13 Sep 2004 - 13 Oct 2004 (4 days) |
| Determination date | 04 March 2005 |
| Member | Y S Oldfield |
| Representation | R Arthur ; B Andrews |
| Location | Auckland |
| Parties | Jooste v Fetherston and Ors |
| Other Parties | Fetherston, Risk Management Holdings Ltd, BBBHL Ltd (Formerly Hasieman Holdings Ltd), Automated Maintenance Holdings Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Five respondents named as possible employers - Third, fourth and fifth respondents all entities in which first respondent and/or his wife held proprietary or beneficiary interest - First respondent approached recruitment consultant seeking general manager who would invest in business - No written agreement except for sale and purchase of shares - Applicant appointed director of fifth respondent but no shares ever transferred - Variously described in documentary evidence as general manager, managing director, sales director and marketing director - Received payments from different respondents - Authority rejected possibility that applicant just a working partner - Minority investor and no significant level of control within business - Applicant's expressed intention to enter employment relationship consistent with prior history - Integration into all aspects of business - Use of word salary" to describe unpaid remuneration - No invoices furnished - Applicant worked under direction of first respondent using business' equipment - Employee - Parties directed to mediation - Manager/director" |
| Result | Question answered in favour of applicant; Parties directed to mediation; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | aa 81_05.pdf [pdf 51 KB] |