| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 70 |
| Hearing date | 1 Nov 2013 |
| Determination date | 01 May 2014 |
| Member | C Hickey |
| Representation | E de Franco, R Boardman, M Fernandez (in person) ; A Marsh |
| Location | Christchurch |
| Parties | Fernandez v Savvy Marketing Ltd t/a Savvy Direct |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Applicant went door to door collecting donation pledges - Applicant required to give at least 24 hours notice to respondent if unavailable to work - Applicant owned own business unrelated to work carried out for respondent |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant behaved as if operating business on own account. Applicant experienced in running own business. Agreement provided applicant independent contractor. Applicant paid on commission and could prioritise other business over work for respondent. Applicant rendered invoices and had no expectation of holiday or sick pay. Respondent paid withholding tax on applicant's behalf. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_70.pdf [pdf 254 KB] |