| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 345 |
| Hearing date | 4 Jul 2013 - 1 Aug 2013 (2 days) |
| Determination date | 07 August 2013 |
| Member | A Fitzgibbon |
| Representation | M Mallinder ; C Parkhill, J James |
| Location | Auckland |
| Parties | Stringer v Sanford Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor – All seagoing personnel in respondent’s deepwater division independent contractors – Engineers paid daily rate while out at sea – Whether applicant unable to negotiate contract – Applicant required to sign register for each trip – Applicant registered for GST – Applicant engaged accountant to assist with filing GST returns and ACC liabilities – Applicant incorporated own company – No provision for annual leave or holiday pay – Applicant not paid when off engagement - |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant involved in negotiation of engineers contract over years. Contract clear relationship that of contract for services. Applicant confirmed understanding of relationship each trip. Applicant not ignorant as to what he was signing. Parties’ intentions suggest applicant contractor. Applicant aware employees received benefits contractors did not. Applicant in business on own account. Respondent did not control how applicant performed role on vessel. Applicant not obliged to accept engagements. Control test suggested applicant contractor. Applicant able to seek alternative work when not engaged. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Brunton v Garden City Helicopters Ltd [2011] NZEmpC 29;Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Gisbourne Sharefishermen’s Assoc (Inc) Society v J Wattie Canneries Ltd [1982] ACJ 629;May v Armourguard Security Ltd [2011] NZERA Auckland 208;Muollo v Rotaru [1995] 2 ERNZ 414;Poulter v Antipodean Growers Ltd [2010] NZEMPC 77 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_345.pdf [pdf 260 KB] |