| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 121 |
| Hearing date | 30 Apr 2013, 27 May 2013 |
| Determination date | 26 June 2013 |
| Member | D Appleton |
| Representation | P Moore ; J Paterson |
| Location | Christchurch |
| Parties | Bostock v Jenkins Earthworks Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – No written agreement – Whether applicant informed of status – Whether applicant prepared invoices or timesheets – Protective equipment and trucks provided by respondent – Truck driver |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No meeting of minds or common intention as to applicant’s status. Lack of discretion over hours worked function of role regardless of applicant’s status. Direction from digger driver and operations manager function of role regardless of applicant’s status. No obligation on applicant to seek permission before taking time off. Control test inconclusive. Respondent supplying truck suggested applicant employee. Provision of equipment result of health and safety considerations and did not indicate applicant employee. Applicant’s remuneration indicated applicant independent contractor. Integration test inconclusive. Invoices prepared by applicant’s step-daughter. Invoices mandatory if applicant to be paid. Applicant did not understand tax implications. Applicant did not contribute to running costs. Applicant not working on own account. Other drivers could be distinguished. Applicant employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1);ERA s6(1A);ERA s6(2);ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Chief of Defence Force v Ross-Taylor [2010] ERNZ 61;Massey v Crown Life Insurance Co [1978] 1 WLR 676;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Christchurch_121.pdf [pdf 219 KB] |