| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 256/05 |
| Hearing date | 16 Dec 2004 |
| Determination date | 11 July 2005 |
| Member | Y S Oldfield |
| Representation | K Nicolson ; BJR Fox |
| Location | Auckland |
| Parties | Tamati v Nigel Frogley Earthmoving Ltd |
| Summary | JURISDICTION - Whether employment relationship formed - Applicant responded to advertisement for bobcat driver - Had no experience so respondent arranged for applicant to be shown how to use digger on Thursday and Friday, and work on respondent's own farm on Saturday - On Monday respondent told applicant he had decided he needed someone with experience - Applicant alleged firm agreement reached on Friday - Not credible respondent would have taken on inexperienced driver without first assessing ability to drive bobcat - Saturday's work was pre-engagement trial rather than probationary period - More importantly respondent explained to applicant he was looking for independent contractor rather than employee - Insufficient evidence to conclude employment relationship entered into - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 256_05.pdf [pdf 15 KB] |