Employment Act - Court Jurisdiction - Employment Relations


In case of recent Khan v Premier Private Hire Taxi [2007]The applicant worked as a private lease taxi driver for the employer. He issued an invoice to the employment court who mentioned:

"The company had not paid me, so I left my customer and paid a fee to the company.

The chairman of the employment arbitral tribunal reviewed the form of claims and determined that there is no jurisdiction to hear the case because the relevant employment relationship has not been established. Therefore, he refused the claim. Appeals to be applied in refusing this.

Appeal was granted:

In consideration of the situation, he insisted that the chairman made a mistake in refusing the assertion. Documents added by the applicant on the nature of employment relationship had to be taken at face value. Using this approach, in cases where aspects common to employment relationships exist, for example, in situations where they can be expressed as "practical relationships", the arbitration court has indeed jurisdiction over listening to that request.

- The nature of the employment relationship at the moment was ripe for investigation.

- The facts constituting such a relationship should have been considered by the court.

- The applicant was told to order the court to submit detailed information specifying the scope of employment relationship to the court and order the lawsuit to proceed.

If you need more information, please contact us at enquiries@rtcoopers.com.

© RT COOPERS, 2007. This briefing note does not provide a comprehensive or complete description of the law on the issues discussed, nor does it determine legal advice. It is intended to emphasize only general problems. Expert advice should always be taken in relation to certain circumstances.


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