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B & H Design Ltd v Whiting & Anor
17 Apr 2007, D King, AA 110/07, (2 pages)
JURISDICTION - Whether Authority able to make compliance order against second respondent ("SA") directing it to stop employing first respondent ("HW") - HW former employee of applicant - Applicant alleged SA incited, instigated, aided or abetted breach of employment agreement by hiring HW - Sought order to restrain breach of s134(2) Employment Relations Act 2000 - Breach of statutory obligation tortious - No jurisdiction
Result: Question answered ; Orders accordingly ; Costs reserved
Burchell v RBR Ltd t/a Aubergine Restaurant
16 Feb 2007, J Wilson, AA 37/07, (2 pages)
JURISDICTION - No appearance for applicant - Applicant's statement of claim alleged unjustifiably dismissed and sought reinstatement - Respondent claimed applicant failed to complete trial period and applicant never offered employment - Applicant failed to file submissions in accordance with Authority timetable in support of claim was employee - Authority accepted respondent's evidence applicant not employed
Result: Application dismissed ; Costs reserved
Hollands v Jam Marketing Pty Ltd
15 Jun 2007, D King, AA 179/07, (2 pages)
JURISDICTION - Whether employee or independent contractor - No appearance for respondent - Respondent claimed applicant asked to be contractor - No employment agreement - Sole document produced had "Contractor" handwritten at top of employee information sheet - Other factors pointed towards contract of service - Applicant had to work set hours and had no control over client base - Received fixed weekly pay plus commission - No invoices submitted or expenses claimed - Worked solely from respondent's premises and did not supply own tools - Under control of respondent who provided training - No intention to enter contract for services - Applicant employee
Result: Application granted ; Costs reserved
MacPherson v Travers
9 Mar 2007, R Arthur, AA 65/07, (5 pages)
JURISDICTION - Whether applicant employee - Applicant attended job interview at premises - Alleged one week paid trial agreed to - Claimed worked three days then became sick - Sought arrears for days worked and claimed unjustifiably dismissed - Respondent denied agreement reached, claimed reference checks unsatisfactory and did not employ applicant - Recalled applicant hung around factory next week seeking work but denied instructed him to work - Respondent also submitted if applicant were employed it would have been by company, not personally - Authority had little hesitation joining company as second respondent as aware of proceedings and properly liable if any remedies required - Applicant failed to establish employment relationship existed - No jurisdiction - COSTS - Respondent sought costs related to advice obtained prior to investigation meeting - Had not replied to applicant's original emails or provided statement in reply - Respondent did not take opportunities to dissuade applicant from continuing claim or inform Authority of merits - Meant Authority had to go through full investigative process - Appropriate to let costs lie where they fall
Result: Application dismissed ; Costs to lie where they fall
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