Squatter not an employee, ERA rules

A tenant who mowed lawns and did gardening in lieu of rent was not an employee, the ERA has found. Photo / Thinkstock

A man squatting at a property since the owner moved back in has been unsuccessful in asking the Employment Relations Authority to acknowledge his status as an employee of the owner.

ERA Member Trish MacKinnon said in her finding that Martin Foote was living at a flat on a property owned by Chui Leung and was under agreement to keep the property tidy in exchange for free accommodation.

Mr Foote went in to the agreement to mow lawns, cut weeds and do gardening work for Ms Leung in 2010.

The arrangement worked well until Ms Leung moved back in to the property in 2013, Ms MacKinnon said.

Ms Leung was unhappy with the standard of the property and their relationship disintegrated. She asked Mr Foote to leave but he refused and remained living in the flat and doing jobs for Ms Leung for several months.

Mr Foote claimed that he was employed by Ms Leung to do work around the property and was seeking acknowledgment of his employment status, reimbursement of wages, and compensation.

Ms Mackinnon said Mr Foote has brought his situation to the ERA as a response to the acrimony between Mr Leung and himself.

"In my view Mr Foote adopted the position that he was in an employment relationship with Ms Leung as a response to the increasing acrimony between them, much of which was due to tenancy issues."

The Tenancy Tribunal and The District Court have both found in Ms Leung's favour in previous decisions.

The District Court found Ms Leung's arrangement with Mr Foote to be a tenancy arrangement with work carried out in lieu of rent, rather than an employment relationship with tenancy as part of the package.

Mr Foote remained squatting at the property at the date the ERA decision was written.