| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 33 |
| Hearing date | 11 Oct 2010 - 12 Oct 2010 (2 days) |
| Determination date | 24 January 2011 |
| Member | R Larmer |
| Representation | E Butcher, S Grainger ; C Patterson |
| Location | Auckland |
| Parties | Hambly and Ors v Museum of Transport and Technology Board |
| Other Parties | Pointon, Walker, Whittle |
| Summary | JURISDICTION – Applicants sought declaration were employees – Applicants accepted were volunteers at outset of employment but employment relationship developed over time – Applicants signed volunteer agreement which on face recorded parties’ understanding that were volunteers and not employees – Applicants claimed signed agreement under duress because led to believe had to sign if wanted to continue relationship with respondent – Authority noted respondent unique environment heavily reliant on volunteers who played key role in its operation – Two of eleven Collection Managers (“CM”) employed on written employment agreements – Respondent regarded other nine CMs as volunteers – Found although respondent identified administrative tasks of CM role, applicants decided what, when, how, and where to do it – Applicants could elect to do as much or as little as liked – Respondent did not control work and no way of specifically knowing what work applicants doing – Applicants able to put own needs before respondents – Applicants did not attend training or operational meetings and did not submit budgets and reports on time if conflicted with personal commitments – Authority found applicants not required to do specific work in return for honoraria - Authority found no obligation on respondent to provide applicants with work - Found not sufficient evidence from which existence of contractual relationship could reasonably and objectively be implied – Found no binding contractual relationship – Found applicants’ not employees |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(3) |
| Number of Pages | 16 |
| PDF File Link: | 2011_NZERA_Auckland_33.pdf [pdf 49 KB] |