| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 137 |
| Hearing date | 4 Nov 2010 |
| Determination date | 07 April 2011 |
| Member | K J Anderson |
| Representation | L Singh (in person) ; G Saraswat |
| Location | Hamilton |
| Parties | Singh v Golden Indian Enterprises Ltd |
| Summary | JURISDICTION – Whether respondent applicant’s employer – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed no employment relationship with applicant – Applicant produced evidence of payments made by respondent into applicant’s bank account – Applicant claimed pay reduced and following angry exchange with respondent did not return to restaurant – Applicant claimed dismissed – Authority found content of written statement at variance with oral evidence in which applicant claimed dismissed by respondent after disagreement at flat – Respondent accepted had known applicant for some time – Respondent claimed applicant never worked at restaurant – Found nothing to record applicant employee – Found applicant may have done some work at restaurant and respondent considered employing applicant but decided against it – Respondent claimed applicant rented flat from respondent but rent had not been paid – Respondent claimed confronted applicant about payment of rent and argument arose, and applicant left flat – Respondent claimed borrowed money from applicant and repaid it over four payments – Authority preferred respondent’s evidence regarding payments – Found evidence pertaining to matter confusing and uncertain – Found respondent’s evidence more credible and consistent than applicant’s – Found applicant unable to prove employment relationship existed – Found Authority had no jurisdiction to investigate claims – Chef |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Cases Cited | Sharma v Golden Indian Enterprises Limited unreported, Y Oldfield, 7 April 2009, AA 110/09 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_137.pdf [pdf 16 KB] |