| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/05 |
| Hearing date | 16 Aug 2005 |
| Determination date | 17 August 2005 |
| Member | L Robinson |
| Representation | M Nutsford ; P Wallace |
| Location | Auckland |
| Parties | Pech v Frederic Developments Ltd and Ors |
| Other Parties | Captain Hook's Jolly Roger Restaurants Ltd, Jolly Roger Restaurant Ltd, Jolly Restaurant (Manukau) Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Four limited liability companies cited in the alternative as respondents - Applicant agreed during investigation meeting that was told was engaged by first respondent - Applicant entered contractual relationship with first respondent - JURISDICTION - Whether employee or independent contractor - Written employment agreement and testimonial regarding income labelled applicant employee - Significant degree of control exercised by respondent over applicant's work and how and when he performed it - Applicant reported to respondent and received daily instructions - Applicant integral part of respondent's operation in project managed by applicant - Not in business on own account - Applicant was employee - Parties directed to mediation - Project manager |
| Result | Questions determined in favour of applicant ; Parties directed to mediation ; Orders accordingly ; No order for costs |
| Statutes | ERA s6;ERA s159(1)(b);ERA s159(2) |
| Number of Pages | 4 |
| PDF File Link: | aa 309_05.pdf [pdf 46 KB] |