| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 91/02 |
| Hearing date | 1 Aug 2002 |
| Determination date | 18 September 2002 |
| Member | P R Stapp |
| Representation | J Cleary ; P Brener |
| Location | Wellington |
| Parties | Merrett v Boulcott Investments Group Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Engaged as independent contractor - Promoted to supervisory role - Employment agreement stated independent contractor - No annual, statutory or sick leave included in agreement - Had maximum control over own duties - Not integral part of respondent - Real nature of relationship favoured independent contractor status - Contractor not employee - Foreman |
| Result | Application dismissed ; Costs in favour of respondent ($1,500) |
| Statutes | ERA s6(3)(a) |
| Cases Cited | Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Koia v Carlyon Holdings Ltd [2001] ERNZ 585 |
| Number of Pages | 9 |
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