| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 118/02 |
| Hearing date | 22 Oct 2002 |
| Determination date | 20 November 2002 |
| Member | P Cheyne |
| Representation | F Wall ; A Toohey |
| Location | Christchurch |
| Parties | Drennan v One World Leisure NZ Ltd |
| Summary | JURISDICTION - Unjustified dismissal - Whether employee or independent contractor - Agreement headed up as Independent Contractor Agreement - Paid solely on commission - No provision for sick leave or holiday pay - Respondent not liable for ACC levies or income tax - Arbitration for resolving disputes - Agreement clear that applicant engaged as contractor not employee - Respondent had control over applicant's work - Work was integrated into respondent's business - No use of own capital - Did not supply own tools - Entitled to perform other work - Relationship more closely resembled that of contract for services - Contractor not employee - Salesperson |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114 |
| Number of Pages | 3 |
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