| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 78 |
| Determination date | 05 July 2013 |
| Member | T MacKinnon |
| Parties | Stocker v Car Giant Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant engaged to assist set-up – Applicant paid two different hourly rates – No written employment agreement – No set hours – Respondent sought to end engagement – Final pay included holiday pay – Further engagement as sales consultant offered |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Parties had common vision of work applicant would undertake. Applicant genuinely believed applicant employee. Intended change to applicant’s remuneration did not affect original intention applicant employee. No issues raised regarding applicant’s timekeeping. Control test unclear. Applicant’s work central to respondent’s work. Change to role anticipated at outset of relationship. Provision of vehicle, phone, office, uniform and other equipment indicated employment. Integration test indicated employment. Applicant paid through company payroll. PAYE, ACC and student loan repayments deducted. Fundamental test indicated employment. Applicant employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 – ERA s6(2) – ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_78.pdf [pdf 165 KB] |