| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 59 |
| Hearing date | 22 Feb 2013 |
| Determination date | 22 March 2013 |
| Member | D Appleton |
| Representation | P Coumbe (in person) ; C Constantinos |
| Location | Christchurch |
| Parties | Coumbe v Paintworx Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant sought arrears of wages and holiday pay – Whether parties agreed to change applicant’s status from independent contractor to employee – No change to applicant’s work arrangements after alleged agreement – Applicant mostly supplied own materials – Respondent stopped accounting for GST – Whether applicant submitted invoice as contractor after time applicant claimed became employee – No employment agreement |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No binding agreement between parties applicant to become employee. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_59.pdf [pdf 162 KB] |