| Summary |
JURISDICTION – Whether applicant employed by respondents – Arrangement for applicant to manage store set up and financed by respondents – Applicant not able to enter employment due to non-resident status – First written proposal referred to applicant as employee but later proposal provided no payment until residency approved – Applicant then to have option of purchasing business – Business not viable proposition despite hard work by applicant – Sold before applicant granted residency – Applicant claimed wages owing – Respondents’ evidence preferred - Both parties aware applicant not legally entitled to be employed – Later proposal reflected business arrangement whereby applicant would eventually take over business – Arrangement intended to benefit applicant at minimal risk to himself - No employment relationship – No jurisdiction |