| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 14A/05 |
| Hearing date | 2 Feb 2005 |
| Determination date | 09 March 2005 |
| Member | D Asher |
| Representation | S Brown ; G Ogilvie |
| Location | Wellington |
| Parties | Allen v The Congregational Christian Church of American Samoa in New Zealand (Porirua) Trust Board |
| Summary | JURISDICTION - Whether employee - Applicant became church's minister and lived in church house with his family - Church was incorporated as respondent - Property transferred to respondent - Church split into two congregations - High Court decision gave control of respondent to congregation dissatisfied with applicant - Alleged unjustified dismissal - Respondent alleged applicant not an employee - Applicant's relationship was with church and not respondent - Money paid to applicant was alofa (love offerings") from congregation not conventional wages - Respondent a separate legal entity from church - No history of dealings between respondent and applicant to support claim of contract of service - References by respondent to employing applicant were not evidence of true intention of parties - No evidence to support applicant's fundamental claim that parties intended to be legally bound - No jurisdiction - Church minister/reverend" |
| Result | Question answered in favoured of respondent ; Costs reserved |
| Statutes | ERA s3(2)(a);ERA s6(1)(a);ERA s6(2);ERA s6(3) |
| Cases Cited | Apineru v The Board of Trustees of the Congregational Christian Church of American Samoa in New Zealand (Porirua) Trust unreported, Wild J, 16 September 2004, CIV-2003-485-713;Conference of the Methodist Church of NZ v Gray [1996] 1 ERNZ 48;Gray v Nelson Methodist Presbyterian Hospital Chaplaincy Committee [1995] 1 ERNZ 672;Mabon v Conference of the Methodist Church of New Zealand [1997] ERNZ 690 |
| Number of Pages | 10 |
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