| Summary |
PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed ENZ applicant’s employer and entitled to bonus payment pursuant to oral employment agreement (“EA”) – Respondent shareholder and director of two separate companies, ENZ and EDL – Respondent offered applicant initial employment with ENZ and would be “transferred” to EDL once ENZ “established in marketplace” – Offer provided position “subcontracted” from EDL and applicant entitled to bonus payment during employment with EDL – No written EA concluded – Respondent claimed applicant not entitled to bonus as employment with EDL had not commenced – Authority found letter was offer of employment with EDL, with arrangement applicant’s skills utilised for ENZ’s benefit at early stages of employment relationship – Found letter signed from respondent as director of EDL – Found use of “subcontract” indicated arrangement between EDL and ENZ to utilise applicant’s services to ENZ for particular purpose - Found meaning of letter strained if read to mean that once ENZ “established”, employment relations with ENZ would commence immediately – Found bonus payment related to employment with EDL therefore ENZ not liable as parties conceded ENZ applicant’s employer at all material times – Authority declined to substitute reference to EDL with reference to ENZ in letter - Order for bonus declined – Manager |