| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 302/06 |
| Hearing date | 7 Jul 2006 |
| Determination date | 21 September 2006 |
| Member | V Campbell |
| Representation | B Vautier ; J Noble |
| Location | Auckland |
| Parties | Hogan v Graham & Keys Ltd |
| Summary | JURISDICTION - Applicant claimed became employee when became shareholder and director of respondent - Respondent argued not employee but director/shareholder who received monthly drawings - Applicant aware not in receipt of salary" - Intention of all shareholder/directors they would work and share equally in profits of business - Relationship between directors one of equals, with equal rights to decision making - Applicant worked autonomously - Applicant's work integral to business but not determinative as would expect this if director - Tax status not conclusive - Applicant had degree of responsibility in investment and management of business and opportunity to profit from its sound management - Informal day to day operating relationship at respondent in nature of partnership and not employment - Applicant not an employee - No jurisdiction - Architect" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| 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;Godsalve v Allerby Real Estate Ltd (1998) 5 NZELC (digest) 98,482;Koia v Carlyon Holdings Ltd [2001] 1 ERNZ 585;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 |
| Number of Pages | 10 |
| PDF File Link: | aa 302_06.pdf [pdf 44 KB] |