| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 403 |
| Hearing date | 23 Apr 2013 |
| Determination date | 06 September 2013 |
| Member | K J Anderson |
| Representation | S Houliston ; D Organ |
| Location | Auckland |
| Parties | Hutchinson v Sparkling Spring Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Initial agreement between parties contract for services - Parties entered fixed term employment agreement but then signed new contract for services based on same wording as first agreement - Applicant claimed no memory of signing third agreement |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant confirmed applicant's signature on third agreement. Applicant not entirely credible. Applicant willingly and knowingly entered into third agreement as evidenced by signature. More probable than not applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_403.pdf [pdf 109 KB] |