| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 262 |
| Hearing date | 19 Jun 2013 |
| Determination date | 20 June 2013 |
| Member | R Larmer |
| Representation | K Soanes (in person), M Brown (in person) ; I Soanes, D Soanes |
| Location | Auckland |
| Parties | Soanes and Anor v Cardrona Adventure Park Ltd |
| Summary | JURISDICTION – Whether applicants employees or independent contractors – Applicants paid management fee equating to profit - Applicants subject to overall direction of respondent – Applicants processed wage payments for themselves – Applicants lived onsite - Respondent paid outgoings and food costs - Managers |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Written agreement indicated contract of service. Applicant’s acted autonomously. Evidence suggested applicants in business on own account as applicants assumed risk. Sole remuneration management fee based on profits. Circumstances of wage payments did not support employment relationship. Applicants’ independent contractors. No jurisdiction. |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Cases Cited | Bryson v Three Foot Six (No 2) Ltd [2005] ERNZ 372 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_262.pdf [pdf 215 KB] |