| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 336 |
| Determination date | 02 August 2013 |
| Member | E Robinson |
| Representation | D Ruka (in person) ; A Golightly |
| Parties | Ruka v Kaipara District Council |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Northern Kaipara Volunteer Rural Fire Force (“NKVRFF”) engaged by respondent to provide services through Voluntary Rural Fire Force Agreement (“Agreement”) – Applicant engaged by NKVRFF – Applicant did not receive wages or salary – Applicant received payment for attendances at fires outside area of responsibility – Attendance at fires voluntary – Volunteer firefighters treated as employees when called to incidents – Applicant issued warrant as officer of NKVRFF Management Committee – Firefighter |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Respondent did not have employment agreement. Terms of Agreement did not suggest applicant employee. No PAYE deducted from payments to applicant. Sporadic nature of payments and voluntary attendance at fires suggested applicant independent contractor. No set hours or days of work. Expectation crew attend call out not indication of control. Management Committee had limited control over applicant as member. Control and integration tests did not indicate applicant employee. Applicant had absolute discretion to attend fire inside or outside area of responsibility. Applicant effectively working on own account. Fundamental test did not suggest employment. Applicant not employee of respondent. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s6;ERA s65;Forest and Rural Fires Act 1977;Forest and Rural Fires Act 1977 s13(1);Forest and Rural Fires Act 1977 s13(2);Forest and Rural Fires Regs 1979;Forest and Rural Fires Regs 2005 r37;Health and Safety in Employment Act 1992;Health and Safety in Employment Act 1992 s2 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_336.pdf [pdf 244 KB] |