| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 64 |
| Hearing date | 3 May 2012 |
| Determination date | 05 June 2012 |
| Member | P R Stapp |
| Representation | G Ogilvie ; A Knowsley |
| Location | Wellington |
| Parties | Meroiti v Lindale Lodge Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Authority found applicant able to work when and if applicant wanted – Found applicant not integrated into respondent’s business but not in business on own account – Found applicant independent contractor – No jurisdiction |
| Abstract | Applicant claimed unjustifiably dismissed by respondent. Respondent claimed applicant independent contractor who invoiced respondent for services provided and was responsible for own tax. Applicant acknowledged signature on agreement was applicant’s but denied signing agreement.;AUTHORITY FOUND –;JURISDICTION: Parties’ intention not determinative as unclear if applicant signed agreement. Applicant’s duties broad and applicant mostly unsupervised. Applicant able to work when and if applicant wanted. Applicant not integrated into business as no demands to meet time requirements but applicant did not provide own equipment and not in business on own account. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s6(2);ERA s6(3) |
| Number of Pages | 10 |
| PDF File Link: | 2012_NZERA_Wellington_64.pdf [pdf 147 KB] |