Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 205/08
Hearing date 28 May 2008
Determination date 10 June 2008
Member V Campbell
Representation C Bailey (in person) ; M McGowan
Location Auckland
Parties Bailey v The Knowledge Gym (NZ) Ltd
Summary PRACTICE AND PROCEDURE - Identity of employer - Respondent submitted applicant engaged as contractor by third party - Written agreement between applicant and third party - Third party paid wages and tax for applicant - Applicant relied on business cards with respondent’s name on them - Third party had license agreement with respondent - Business cards referred to third party as licensee - On balance of probabilities, applicant not employed by respondent - Authority unable to assist applicant further
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Number of Pages 3
PDF File Link: aa 205_08.pdf [pdf 17 KB]