| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 393/08 |
| Hearing date | 4 Nov 2008 |
| Determination date | 18 November 2008 |
| Member | R Arthur |
| Representation | P Gatenby (Applicant in person) ; M Beech, V Weinberg |
| Location | Tauranga |
| Parties | Gatenby v Hydrotech (2006) Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed respondent wrongly concluded applicant improperly used company credit and fuel cards, and reacted unreasonably to allegations – Respondent argued applicant not employee on relevant dates – Applicant was director of respondent until removed by other directors – Respondent accepted applicant initially an employee but argued status changed by other directors – Authority noted no appearance by respondent’s second director influenced evidential conclusions – Authority accepted applicant’s evidence that was an employee but had other legal relationships as director and shareholder – Authority found applicant remained employee until dismissal – Found not discussed at director’s meeting whether change in employment status intended – Found emails from applicant showed no mutual, concluded intention to end employment relationship – Found no arrangement for applicant to receive gross pay and subsequently make GST payments – Applicant an employee – Parties directed to mediation – Authority emphasised existence of employment relationship finding to have no direct bearing on how Authority would determine personal grievance – Sales manager/Sales director |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s144A;ERA s159(1)(b) |
| Cases Cited | Lee v Lee's Air Farming Ltd [1959] NZLR 393 (CA) |
| Number of Pages | 10 |
| PDF File Link: | aa 393_08.pdf [pdf 34 KB] |