| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 478 |
| Hearing date | 11 Oct 2013 |
| Determination date | 17 October 2013 |
| Member | J Crichton |
| Representation | S Austin ; D Bell |
| Location | Gisborne |
| Parties | Calder v New Zealand Professional Fishing Guides Association Inc |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – No employment agreement – Whether applicant’s e-mails seeking payment constituted invoices – Applicant paid own tax – Whether business cards and letter from respondent’s president indicated applicant employee – Whether applicant manufactured letter – Applicant did not ask for holiday pay – Association Secretary |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant paid tax to Inland Revenue Department on basis applicant employee. E-mails from applicant requesting payment not tax invoices. Respondent never considered whether applicant to be engaged as employee or independent contractor but respondent’s president believed applicant engaged as employee. Language used to describe engagement suggested employment relationship. Applicant did not manufacture letter. Fact applicant provided more than usual services of secretary did not assist in determining applicant’s status. Applicant worked under instruction of respondent’s president or committee member and did not choose work or how to perform work. Applicant worked from respondent’s premises and facilities provided by respondent. Applicant’s work controlled by respondent. Applicant part and parcel of respondent’s activities including involvement with resolving respondent’s financial affairs. No evidence applicant in business on own account. Applicant employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Tsoupakis v Fendalton Construction Ltd unreported, Colgan CJ, 18 June 2009, WC16/09 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Auckland_478.pdf [pdf 240 KB] |