| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 135 |
| Hearing date | 2 Jul 2012 |
| Determination date | 04 July 2012 |
| Member | D Appleton |
| Representation | L Asplett (In Person) ; A Birchfield |
| Location | Greymouth |
| Parties | Asplett v Birchfield Minerals Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Authority found control test indicated applicant employee – Found applicant just as integrated as respondent’s other employees – Found fundamental test showed superficially applicant independent contractor but merely to accommodate respondent’s preference applicant contractor not employee - Applicant employee - Engineer |
| Abstract | Applicant engaged as engineer. Respondent claimed applicant contractor. Applicant sought arrears of wages and compliance order. Respondent terminated parties’ relationship after suspected applicant took respondent equipment without permission. Parties’ offer letter and agreement referred to both employment and contractor relationship. Applicant claimed had started working fulltime for respondent but later hours reduced so began also working for third party and respondent aware of that. Applicant invoiced respondent and included GST. Applicant claimed had use of respondent vehicle and phone but supplied own hand tools. Respondent told applicant what duties were each day and took regular breaks.;AUTHORITY FOUND –;JURISDICTION: Control test indicated applicant employee as respondent decided what applicant did daily and controlled applicant’s hours. Applicant just as integrated as respondent’s other employees. Application of fundamental test showed superficially applicant independent contractor but merely to accommodate respondent’s preference applicant contractor not employee. Overall appeared applicant employee. Applicant employee. Substantive determination to be scheduled. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(2);ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Christchurch_135.pdf [pdf 237 KB] |