| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Auckland 143 |
| Hearing date | 9 Apr 2014 |
| Determination date | 11 April 2014 |
| Member | T G Tetitaha |
| Representation | B Denham (in person) ; A Holgate |
| Location | Whangarei |
| Parties | Denham v Selmes |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Power of attorney - Consultancy agreement - Farm management |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Little or any control exercised by respondent over work undertaken by applicant. Integration test not particularly relevant. Payment made to applicant upon production of invoices including GST. No PAYE paid or tax withheld on applicant's behalf. Applicant thought of self as independent contractor previously. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581;Clark v Northland Hunt Inc (2006) 4 NZELR 23;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Downey v New Zealand Greyhound Racing Assoc Inc (2006) 3 NZELR 501 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_143.pdf [pdf 146 KB] |