| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 202 |
| Hearing date | 18 Apr 2013 |
| Determination date | 20 May 2013 |
| Member | E Robinson |
| Representation | N Bradford (in person) ; J Ward |
| Location | Whangarei |
| Parties | Bradford v Earth Crest Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant required to be employee as undischarged from no asset procedure – Applicant lived onsite – Whether PAYE deducted – PAYE not forwarded to IRD – Applicant agreed to defer wage payments – Applicant refused to sign contract for services as bound by no asset procedure – Applicant accused of overworking – Applicant instructed to take time off – Applicant refused entry to worksite following time off – Groundsman |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No letter, offer of employment, or employment agreement. No documentation establishing real nature of relationship. Applicant provided with job description. Applicant provided with tools and equipment. Applicant required to submit weekly timesheets. Applicant directed by respondent’s personnel. Respondent’s e-mail requiring applicant to take time off clear indication of control. Applicant subject to control of respondent. Non-payment of PAYE not determinative. No asset procedure arrangement precluding respondent from being independent contractor significant factor. Applicant employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s103 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Cunningham v TNT Express Worldwide (New Zealand) Ltd [1993] 1 ERNZ 695 ; [1993] 3 NZLR 681;Muollo v Rotaru [1995] 2 ERNZ 414;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_202.pdf [pdf 200 KB] |