| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 120/09 |
| Hearing date | 27 May 2008 - 19 Aug 2009 (2 days) |
| Determination date | 28 August 2009 |
| Member | D Asher |
| Representation | A Millar ; P Drummond |
| Location | Wellington |
| Parties | Mawley v Jorgensen t/a Barista the Expresso Bar |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed respondent applicant’s employer at all material times – Respondent argued company applicant’s employer – Argued respondent engaged with applicant as company’s agent – Respondent sole director and shareholder of company - Respondent advised applicant caf� owner and offered applicant chef position – Parties discussed employment terms – Applicant accepted position and subsequently signed written employment agreement (“EA”) – EA had “Barista the Espresso Bar” as party to EA – No discussion of correct identity of employer before employment commenced - Authority found respondent’s conduct showed respondent was applicant’s employer – Found respondent failed to address identity of employer issue and EA did not clarify issue – Found respondent did not discharge onus to prove was acting as company’s agent – Respondent correct employer – Chef |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s65(1)(a) |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622;Mehta v Elliott (Labour Inspector) [2003] 1 ERNZ 451;Weston v Fraser unreported, Travis J, 4 Jul 2008, WC 15/08 |
| Number of Pages | 6 |
| PDF File Link: | wa 120_09.pdf [pdf 18 KB] |