| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 394/07 |
| Hearing date | 3 Oct 2007 |
| Determination date | 14 December 2007 |
| Member | V Campbell |
| Representation | A Bright ; M Olsen |
| Location | Tauranga |
| Parties | Hollis v JV Hiab Transport Ltd |
| Summary | JURISDICTION - Whether employee or director/shareholder - Applicant alleged owed arrears of wages and holiday pay - Respondent contended applicant director/shareholder who received drawings as and when it could afford to pay - Applicant acknowledged did not ask for employment agreement as knew he was shareholder - Applicant’s hours guided by requirements of clients - Parties intended to have shareholder relationship and applicant had access to company documents - Applicant accepted shared responsibility for managing business with other director - Applicant working shareholder, not employee - Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| 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;Koia v Carlyon Holdings Ltd [2001] 1 ERNZ 585;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 |
| Number of Pages | 8 |
| PDF File Link: | aa 394_07.pdf [pdf 36 KB] |