| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 65/07 |
| Hearing date | 6 Mar 2007 |
| Determination date | 09 March 2007 |
| Member | R Arthur |
| Representation | N MacPherson (Applicant in person) ; K Travers (Respondent in person) |
| Location | Auckland |
| Parties | MacPherson v Travers |
| Summary | JURISDICTION - Whether applicant employee - Applicant attended job interview at premises - Alleged one week paid trial agreed to - Claimed worked three days then became sick - Sought arrears for days worked and claimed unjustifiably dismissed - Respondent denied agreement reached, claimed reference checks unsatisfactory and did not employ applicant - Recalled applicant hung around factory next week seeking work but denied instructed him to work - Respondent also submitted if applicant were employed it would have been by company, not personally - Authority had little hesitation joining company as second respondent as aware of proceedings and properly liable if any remedies required - Applicant failed to establish employment relationship existed - No jurisdiction - COSTS - Respondent sought costs related to advice obtained prior to investigation meeting - Had not replied to applicant's original emails or provided statement in reply - Respondent did not take opportunities to dissuade applicant from continuing claim or inform Authority of merits - Meant Authority had to go through full investigative process - Appropriate to let costs lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399 |
| Number of Pages | 5 |
| PDF File Link: | aa 65_07.pdf [pdf 41 KB] |