| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 353/08 |
| Hearing date | 1 Sep 2008 |
| Determination date | 13 October 2008 |
| Member | R A Monaghan |
| Representation | C Scott, L Fowler ; D Law |
| Location | Auckland |
| Parties | Scott & Anor v Skin & Steel Ltd |
| Other Parties | Fowler |
| Summary | PRACTICE AND PROCEDURE – Identity of respondent - Statement of problem cited respondent and Kustom Tattoo Limited (“KT”) as respondents – Respondent and KT had same sole shareholder and director – Authority found no evidence that applicants employed by KT - KT struck out as a respondent – JURISDICTION – First applicant (“S”) to help organise event for respondent – S to provide timesheets and invoice respondent for hours worked and expenses incurred – Respondent argued whether S to be paid was contingent on event making money – S claimed was to be paid when event sponsorship finalised, regardless of success of event – Fact that S’s activities of kind expected of assistant to principal event organiser, did not of itself mean employment relationship existed – Authority noted that friendships, looseness of business arrangements and inexperience in management caused confusion - Second applicant (“F”) engaged under same arrangement as S – F primarily assisted and accompanied S – F engaged for less than one week – Written employment agreements destroyed by respondent, so S’s recollection of contents preferred – Found nothing in contents of signed agreements in favour of finding of employment relationships – Found parties intended relationships to be more formal than simply arrangements between friends, but no mutual intention to enter employment relationships – Initial discussions not capable of being construed as offers of employment – No discussion about key terms of employment – No constraints or requirements regarding hours of work – No element of control indicative of employment relationship - No employment relationships – Personal grievances and claims for monies owed not available remedies - Event organiser |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA 2000 s6 |
| Number of Pages | 8 |
| PDF File Link: | aa 353_08.pdf [pdf 27 KB] |