| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 87 |
| Hearing date | 21 Mar 2013 |
| Determination date | 14 May 2013 |
| Member | M B Loftus |
| Representation | C Rooney ; M Henderson |
| Location | Christchurch |
| Parties | Roberts v Y |
| Summary | JURISDICTION – Whether applicant employee or independent contractor - Applicant engaged by respondent to provide therapy to respondent’s autistic child - Applicant paid on presentation of invoices and responsible for own taxes – Applicant also engaged by respondent as nanny for child responsibilities – Whether applicant employee when engaged as nanny - Therapist |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Authority ordered non-publication of respondent’s name. Applicant introduced as contractor. Respondent advised therapists self-employed. Applicant’s assumption of employment never confirmed by respondent. Control exercised by third party rather than respondent. No holiday pay. Applicant independent contractor. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA Second Schedule cl10(1) |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_87.pdf [pdf 98 KB] |