| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 41 |
| Hearing date | 25 Jan 2012 |
| Determination date | 31 January 2012 |
| Member | R A Monaghan |
| Representation | B McGeown (in person) ; J Black |
| Location | Auckland |
| Parties | McGeown v Andy Andersons Industrial Services (2007) Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant approached respondent about work and told no guarantee of regular work and no promise about amount of work or length of time during which work would be available – Contract for service, casual worker document provided to applicant which applicant signed and returned – Authority found applicant obliged to observe health and safety procedures and comply with lawful and reasonable instructions of respondent – Found applicant not working on own account – Found form of control exercised over applicant’s work also supported existence of employment agreement – Found real nature of relationship was one of casual employment – Applicant took conversation with contractor (“F”) as dismissal – Found F had no actual or ostensible authority in respect of applicant’s employment – Respondent explained to applicant that would contact applicant if was any work – Respondent claimed tried to contact applicant about further work, then ceased to do so – Parties to provide evidence about 90 day time limit matter – Cleaner |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Limited (No 2) [2005] ERNZ 372 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_41.pdf [pdf 36 KB] |