| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 325 |
| Hearing date | 27 May 2011 |
| Determination date | 22 July 2011 |
| Member | K J Anderson |
| Representation | B Pathak (in person) ; N Pathak (in person) |
| Location | Hamilton |
| Parties | Pathak v Pathak |
| Summary | JURISDICTION – Whether applicant employee – Applicant claimed employed by respondent and sought arrears of wages – Respondent claimed never employed applicant – Applicant claimed used by respondent as unpaid bonded labourer – Respondent claimed business not profitable enough to pay applicant wages – Authority found only evidence of employment relationship were wages and time record and Inland Revenue Department summary of earnings documents – Respondent claimed records fabricated for purpose of creating illusion applicant employed in order to satisfy immigration requirements – Found respondent did not resile from evidence despite potential impact – Found respondent’s evidence credible – Found more probable than not applicant not employee and worked in business to help maintain viable family business – Found in any event wage arrears claim would be dismissed for want of proof – No employment relationship – No jurisdiction |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s161 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_325.pdf [pdf 15 KB] |