| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 73 |
| Determination date | 04 March 2014 |
| Member | R Larmer |
| Representation | S Mitchell ; S Leith |
| Parties | Murphy v The Marketing Team (Recruitment) Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant sought arrears of wages – Whether applicant integrated into respondent’s business because shown on respondent’s website and clients would have no idea respondent independent contractor – Freelance marketer |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Parties intended to enter independent contractor relationship and willingly executed documentation reflecting mutual intention. Parties acted consistently with intention by applicant invoicing respondent and respondent not deducting PAYE from payments. All rights and benefits of individual in business on own account available to applicant. Applicant entitled to provide services to other companies and received different remuneration based on type of services performed. Applicant had considerable flexibility over work arrangements including hours and location of work. Fact applicant required to provide services to standard acceptable to respondent consistent with normal commercial arrangement. Applicant not under any close control regarding performance of work or hours involved. Control test favoured independent contractor relationship. Provision of laptops, business cards and mobile phone operational necessities to enable services to be delivered in manner suitable to needs of respondent’s clients. Integration test favoured independent contractor relationship. Fact applicant able to pursue work elsewhere simultaneously, had freedom to alter work hours and able to profit from work by increasing number of hours worked indicated applicant in business on own account. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2);ERA s6(3);ERA s6(3)(b) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_73.pdf [pdf 166 KB] |