| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 232/10 |
| Hearing date | 3 Feb 2010 - 5 Mar 2010 (2 days) |
| Determination date | 19 May 2010 |
| Member | K J Anderson |
| Representation | G Steele ; J Garrett |
| Location | Hamilton |
| Parties | Carabetta v Le Grand Hotel Ltd |
| Summary | JURISDICTION – PRACTICE AND PROCEDURES – Identity of applicant’s employer – Applicant claimed employment relationship established when ownership of applicant’s business assigned to respondent – Respondent argued no employment relationship at all material times – Argued landlord-tenant relationship – Applicant sole director of restaurant (“P”) which operated on respondent’s premises – Applicant failed to fit-out restaurant within time due to financial difficulties – Applicant defaulted in rent payments and respondent re-entered premises pursuant to lease – Parties entered into negotiations for the sale and purchase of P – Applicant wanted respondent to take over liabilities incurred by P – No agreement reached – Authority found evidence from both parties confusing and unreliable – Found applicant intended to dispose business and liabilities to respondent – Found applicant proposed to become employee after agreement executed - Found respondent never agreed to any proposal – Found probable any payments applicant received came from P, not respondent – Found no employment relationship – No jurisdiction |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6;Trespass Act 1980 |
| Number of Pages | 8 |
| PDF File Link: | aa 232_10.pdf [pdf 30 KB] |