| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 371 |
| Hearing date | 8 Aug 2013 |
| Determination date | 20 August 2013 |
| Member | A Fitzgibbon |
| Representation | L Hughes ; J Trotman |
| Parties | Tate v The Marianne Caughey Smith-Preston Memorial Rest Homes Trust Board |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Applicant claimed engaged as contractor but relationship turned to employment - Medical officer |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Contract reflected independent contractor - No intention to alter relationship during course of contract - Control, integration and fundamental tests pointed to contract for services - 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;Poulter v Antipodean Growers Ltd [2010] NZEMPC 77;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_371.pdf [pdf 201 KB] |