| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 323 |
| Hearing date | 22 Jun 2011 |
| Determination date | 21 July 2011 |
| Member | V Campbell |
| Representation | A Stevens (in person) ; M Storey |
| Location | Auckland |
| Parties | Stevens v Great Barrier Island Fuel Company Ltd |
| Summary | JURISDICTION – Whether applicant employee – Applicant claimed employed by respondent and sought arrears of wages – Respondent claimed never employed applicant – Applicant claimed entered into verbal contract with Respondent Managing Director (“S”) – Applicant claimed provided with house, food, power, gas and transport as part of contract – S claimed never employed applicant and simply offered applicant place to recuperate from serious leg injury – Authority found more likely than not applicant not employed by respondent – Found common ground applicant and S known each other for many years – Found S offered applicant opportunity to recuperate at residence on Great Barrier Island – Found applicant did not pay board or lodging for stay – Found applicant in receipt of sickness benefit during time on island – Letter produced which stated applicant not employed by respondent – Found invoice books did not assist applicant in claims – Found applicant not employed by respondent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_323.pdf [pdf 16 KB] |