| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 501/05 |
| Hearing date | 28 Oct 2005 |
| Determination date | 23 December 2005 |
| Member | L Robinson |
| Representation | H Jordaan ; S Tee |
| Location | Auckland |
| Parties | Khan v Uno Design Ltd |
| Summary | JURISDICTION - Whether employment relationship - Applicant sought arrears of wages - Agreement between applicant and respondent's directors that in exchange for applicant working one year without remuneration, they would each transfer to applicant five percent of shares in respondent and applicant would become director - Applicant worked for one year without remuneration but shares were never transferred - Agreement to transfer shares was not made with respondent but with directors acting personally - Agreement to transfer shares was private commercial contract - Timesheets endorsed wages" were not decisive in themselves as evidencing employment but were evidence of applicant's continued contribution to business - No agreement to pay wages in event share transfer did not proceed - Directors could not lawfully bind respondent to agree to employ applicant without remunerating her for her service as this contrary to minimum wage legislation - Real nature of relationship during that period not one of employment - Applicant's remedies lay elsewhere" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 501_05.pdf [pdf 50 KB] |