| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 474/10 |
| Hearing date | 27 Jul 2010 |
| Determination date | 08 November 2010 |
| Member | E Robinson |
| Representation | A Hope ; D Gardiner |
| Location | Hamilton |
| Parties | Briskie v McHannigan and Anor |
| Other Parties | Parker |
| Summary | JURISDICTION – Whether applicant employed by respondents – Applicant claimed unjustifiably dismissed – Respondents denied employing applicant – Applicant claimed offered cleaning position at Lodge and resigned from current employment and moved to join husband at Lodge – Applicant claimed paid weekly wage from which rent deducted – Applicant claimed dismissed following complaints about work and accused of stealing – No documentation to support assertion of employment relationship – Respondents claimed not employed to operate or manage Lodge – Mr McGurk (“M”) employed second respondent to collect rent and provide cleaning services – Applicant claimed Lodge leased to respondents by M – Authority found no lease – Found no evidence to support applicant’s claim offered employment as cleaner – Respondent denied applicant employed to clean communal areas – Respondent claimed applicant only required to clean own room – Found insufficient evidence applicant performed cleaning duties other than those expected as tenant – Applicant claimed rent reimbursement as rent increased for additional room – Applicant claimed additional room not provided but applicant provided cleaning services for rent reduction for second room – Found applicant not paid by virtue of additional room at low rental for cleaning services – Found insufficient evidence to support applicant came off Invalid Benefit when received wages from respondents – Found no evidence to support applicant paid for cleaning services – Found no employment relationship |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | aa 474_10.pdf [pdf 32 KB] |