| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 46/06 |
| Hearing date | 14 Dec 2005 |
| Determination date | 21 February 2006 |
| Member | J Scott |
| Representation | H Bowbyes (in person) ; D Law |
| Location | Auckland |
| Parties | Bowbyes v Vango Ltd |
| Summary | JURISDICTION - Whether applicant was employee - No written agreement - Applicant alleged parties agreed he would have seven percent shareholding in respondent which would rise to 50 percent when business was operational - Alleged respondent also employed him as marketing manager and he worked 40 hours per week but was never remunerated as promised - Respondent alleged applicant was given small shareholding in return for marketing assistance, and contracted to provide designs for vans at agreed rate of $500 per van - Credibility finding in favour of respondent - Email from applicant to respondent showed applicant was working as minority shareholder with no expectation of remuneration - Intention of parties was that they would go into business as partners - Applicant worked from home in evenings and invoiced respondent through his own business - Using control, integration and fundamental tests applicant was engaged on design work under oral contract for services - Applicant not employee |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581;Bryson v Three Foot Six Ltd [2005] 1 ERNZ 372 ; [2005] 3 NZLR 721;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Koia v Carlyon Holdings Ltd [2001] ERNZ 585 |
| Number of Pages | 5 |
| PDF File Link: | aa 46_06.pdf [pdf 33 KB] |