| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 62/10 |
| Hearing date | 4 Mar 2010 |
| Determination date | 12 March 2010 |
| Member | J Crichton |
| Representation | K Coulston ; G McLeish |
| Location | Christchurch |
| Parties | Blacklock and Anor v Fairlie Groggy Hotel Ltd |
| Other Parties | Blacklock |
| Summary | JURISDICTION – Applicants alleged employed by respondent and claimed unpaid wages – Respondent claimed applicants not employees but partners in business venture – Applicants employed by previous owners and sought to purchase hotel in partnership with third party when placed on market – Respondent company incorporated to be legal entity owning hotel – Respondent argued entered partnership with applicants – Applicants paid wages with PAYE deducted and weekly amount for entertainment expenses – Applicants introduced sum used as cash float – Applicants denied existence of partnership agreement – Applicants claimed paid modest salaries because all business could afford – Authority found no employment relationship – Found applicants based in Fairlie while respondent in Christchurch – Found applicants gave draft partnership agreement to respondent and extremely coincidental agreement with respondent in exactly similar terms to previous agreement with third party – Found parties were friends which made partnership agreement more likely even though no written agreement – Found deduction of PAYE not indicative of employment relationship – Found partnership agreement – COSTS – Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Number of Pages | 6 |
| PDF File Link: | ca 62_10.pdf [pdf 24 KB] |