| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 261/07 |
| Hearing date | 24 Jul 2007 - 25 Jul 2007 (2 days) |
| Determination date | 28 August 2007 |
| Member | M Urlich |
| Representation | J Schoolz ; B Stainton |
| Location | Auckland |
| Parties | Faith v Taonga imports Ltd |
| Summary | JURISIDCITON - Whether employee or business partner - Applicant and respondent’s director relatives - Set up respondent together - Applicant claimed was employee and 50% shareholder of respondent - Respondent argued applicant partner in business, not employee - No written employment agreement - Business structure drawn up by accountant indicated applicant would be employee - Payment to applicant as “drawings” changed to “salary” once business opened - Tax and holiday pay issues not conclusive - Integral test not determinative because would expect working partner to be integral - Applicant managed business but had no say in how funds invested - Applicant employee from time business opened until employment relationship ended - Whether grievance raised within 90 days - Applicant’s letter stated taking constructive dismissal claim with no further details - Respondent sought further details to enable it to respond - Reply by applicant’s solicitor wrongly addressed and never received by respondent - Applicant’s original letter not sufficient to raise personal grievance - Applicant could apply for leave to raise grievance of time - Manager |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2);ERA s114(1);ERA s114(2);ERA s115(b);ERA s115(c) |
| Cases Cited | Bryson v Three Foot Six [2005] 3 ERNZ 729 (SC);Creedy v Commissioner of Police [2006] 1 ERNZ 517,;Foster v Chief Executive, Dept of Corrections unreported, Y S Oldfield;1 March 2006, AA57/06,;Market Investigations Ltd v Minister of Social Security [1968] 3 All ER 732;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 |
| Number of Pages | 8 |
| PDF File Link: | aa 261_07.pdf [pdf 38 KB] |