| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 197 |
| Hearing date | 9 Mar 2012 |
| Determination date | 11 June 2012 |
| Member | D King |
| Representation | K Dixon (in person) ; S Cook, L Holden |
| Location | Auckland |
| Parties | Dixon v Sky Network Television Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Authority found no contractual relationship between applicant and respondent – No jurisdiction |
| Abstract | Respondent engaged company (“Q”) as contractor. Q engaged applicant as sub-contractor. Applicant dismissed. Applicant claimed unjustifiably dismissed by respondent. Respondent claimed applicant independent contractor engaged by Q and no contractual relationship between applicant and respondent.;AUTHORITY FOUND –;JURISDICTION: No written contract between applicant and respondent and no intention to create contractual relationship. No consideration as applicant not paid by respondent. No contractual relationship between applicant and respondent. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;Health and Safety in Employment Act 1992 s18 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372; [2005] 3 NZLR 721;McDonald v Ontrack Infrastructure Ltd [2010] ERNZ 223 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_197.pdf [pdf 26 KB] |