| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 102/07 |
| Hearing date | 19 Jun 2007 |
| Determination date | 14 August 2007 |
| Member | P Montgomery |
| Representation | P Brown ; R Gibson |
| Location | Christchurch |
| Parties | Bell v GK & CL Whiting Harrison Ltd |
| Summary | JURISIDICTION - Whether employee - Short term employment - Applicant alleged accepted full time employment and dismissed after one day - Respondent claimed applicant offered trial to determine whether had required skills - Submitted applicant unsuitable so paid him for day’s work and took matter no further - In addition, argued only engaged independent contractors, not employees - Significant dispute of facts - Matter complicated by lack of documentation, imprecision of dates and brevity of engagement - Authority had regard to parties relative experience in building trade and industry practice - More likely than not applicant engaged for trial to determine if suitable for contractor position - Applicant not an employee - Authority recommended respondent adopt practice of providing documentation for trial periods - Gib fixer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | ca 102_07.pdf [pdf 38 KB] |