| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 237 |
| Hearing date | 5 Jun 2014 |
| Determination date | 13 June 2014 |
| Member | E Robinson |
| Representation | G D'Arcy-Smith (in person) ; D Stevenson |
| Location | Taupo |
| Parties | D'Arcy-Smith v Natural Habitats Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Whether applicant employed on fixed term basis - Invoices supplied to applicant and headed 'invoice for services' |
| Abstract | AUTHORITY FOUND -;JURISDICTION: No letter of offer or employment agreement. Level of supervision or provision of basic equipment not determinative in this case. Applicant's work subject to control of respondent and work integral to respondent's project however applicant able to be absent without respondent taking disciplinary action. Evidence did not support fixed term agreement. Given applicant's business acumen and self confirmed knowledge of employment law must have been clear respondent considered applicant independent contractor. Applicant did not query personal taxation position. Applicant in business on own account. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s66;ERA s103 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372; [2005] 3 NZLR 721;Cunningham v TNT Express Worldwide (New Zealand) Ltd [1993] 1 ERNZ 695 ; [1993] 3 NZLR 681;Muollo v Rotaru [1995] 2 ERNZ 414;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_237.pdf [pdf 199 KB] |