| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 157/06 |
| Hearing date | 27 Apr 2006 |
| Determination date | 28 April 2006 |
| Member | L Robinson |
| Representation | K Wu ; N Jiao (in person) |
| Location | Auckland |
| Parties | Wu and Anor v Jiao |
| Summary | JURISDICTION - Arrears of wages claim - Whether employment relationship - Applicants overseas and did not attend investigation - Applicants' representative (KW) was father of applicant LW - KW prevented from giving applicants' evidence - Matter determined on basis of sworn evidence and relevant documentation - KW had written agreement with respondent to renovate her property - Agreement was ordinary commercial building contract and nothing in it suggested employment relationship between applicants and respondent - KW alleged he subsequently agreed respondent could personally employ applicants and written agreement was no longer operative - Respondent denied this and produced receipts for payments she made under written agreement after date KW claimed relationship changed - Authority did not consider as a matter of law that applicants could be transferred like chattels by KW into employ of another without either their knowledge or consent - KW not regarded as reliable witness - Applicants not employed by respondent - No jurisdiction |
| Result | Application dismissed ; No order for costs |
| Number of Pages | 2 |
| PDF File Link: | aa 157_06.pdf [pdf 40 KB] |