| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 170 |
| Hearing date | 14 Apr 214 |
| Determination date | 05 May 2014 |
| Member | A Fitzgibbon |
| Representation | H Fulton ; D Dickinson |
| Location | Auckland |
| Parties | Tozer v Franix Construction Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Whether signed agreement existed between parties - Applicant invoiced respondent for work - Office manager |
| Abstract | AUTHORITY FOUND -;JURISDICTION - No evidence of signed agreement between parties. Respondent's standard contract for tradespeople engaged by respondent and did not reflect applicant's role as office manager. Although applicant invoiced respondent applicant not in business on own account. Applicant worked regular hours and paid regular remuneration. Applicant followed instructions of respondent and worked at respondent's premises. 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;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_170.pdf [pdf 199 KB] |