| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 82 |
| Hearing date | 25 Jan 2013 |
| Determination date | 08 March 2013 |
| Member | R A Monaghan |
| Representation | A Taylor ; D McLeod |
| Location | Taupo |
| Parties | Roberts v Aspiring Health Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Whether terms of agreement defined relationship as principal and independent contractor - Whether relationship developed into employment relationship - Whether day to day implementation of agreement indicated employment relationship - Whether applicant integrated into respondent's business or in business on own account - Physiotherapist |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Parties intended relationship to be one of principal and contractor. No evidence divergence from terms of agreement. On balance applicant in business on own account. Applicant contractor not employee. No jurisdiction. |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] ERNZ 461 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_82.pdf [pdf 225 KB] |