| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171/08 |
| Hearing date | 3 Apr 2008 |
| Determination date | 08 May 2008 |
| Member | M Urlich |
| Representation | EA Muller (in person) ; A Lloyd, I Foote |
| Location | Auckland |
| Parties | Muller v Botanical Food Company Pty Ltd |
| Summary | JURISDICTION - Identity of employer - Applicant claimed originally employed by third party to provide services to respondent - Third party no longer existed - Respondent wholly owned subsidiary of third party - Applicant claimed respondent should pay arrears as related to work performed for it - Respondent denied employment relationship with applicant - Alternatively, claimed Authority lacked jurisdiction as employment based overseas - Parties entered into relationship when respondent entered direct communications with applicant concerning term of agreement with third party and reached agreement concerning those terms - However, relationship not one of employment - Applicant invoiced respondent on behalf on her company - Contractor status consistent with structure set up by respondent and third party - Independent contractor - No jurisdiction - Project manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 5 |
| PDF File Link: | aa 171_08.pdf [pdf 29 KB] |