| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 269/06 |
| Hearing date | 11 Apr 2006 |
| Determination date | 22 August 2006 |
| Member | V Campbell |
| Representation | K Ashby ; J Tisch |
| Location | Auckland |
| Parties | Fisher v Fisher |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed was owed wage arrears, holiday pay and interest for work in respondent's businesses over several years - JURISDICTION - Whether employee or volunteer - Applicant and respondent were friends - Applicant performed work in respondent's orchard business and importing business - Respondent kept daily diaries - Agreement was reached that applicant would act as commission only sales agent for company - Later agreement to become business partners - Applicant gave respondent loans - Agreement included that none of parties would draw an income from business - Given the types of events recorded in diaries, any job offer would have appeared as a notation - No specific terms and conditions discussed and agreed to - Evidence clear that intention was for applicant to be a partner in importing business - Latterly, it was applicant's interest in being involved in importing business and his ownership and operation of own business that kept him providing assistance to respondent - Respondent exercised very little, if any control over applicant - Evidence strongly pointed to applicant's work being integral part of the business - However, that conclusion not determinative and would expect this if applicant was a working partner - Evidence as to applicant's tax status not conclusive - Industry practice indicated the arrangement not uncommon - Real nature of relationship not one of contract of service - No jurisdiction - Authority unable to assist applicant any further |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA, ERA, LRA |
| Cases Cited | Bryson v Three Foot Six [2003] 1 ERNZ 581 (EC);Bryson v Three Foot Six [2005] 3 NZLR 729 (SC);Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Koia v Carlyon Holdings Ltd [2001] 1 ERNZ 585 |
| Number of Pages | 11 |
| PDF File Link: | aa 269_06.pdf [pdf 46 KB] |