| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 1 |
| Hearing date | 4 Oct 2011 |
| Determination date | 04 January 2012 |
| Member | K J Anderson |
| Representation | P Wilson (in person) ; P Nuku (in person) |
| Location | Tauranga |
| Parties | Wilson v Nuku |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant claimed was employee of second respondent and sought arrears of holiday pay – Respondent claimed applicant was independent contractor – Applicant paid GST on income earned while engaged by respondent – Applicant produced letter in which respondent stated applicant was employed – Respondent accountant claimed applicant expected to provide invoices for services but none were forthcoming – Authority found tax records appeared to show applicant was in business on own account – Found on limited evidence available there was no employment relationship between parties – No jurisdiction – Taxi Driver |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2);ERA s6(3);Holidays Act 2003 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_1.pdf [pdf 18 KB] |