| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 278 |
| Hearing date | 15 May 2014 |
| Determination date | 01 July 2014 |
| Member | K J Anderson |
| Representation | M Copeland ; B Bennett |
| Location | Rotorua |
| Parties | Chattell v Hot Wellness Ltd t/a Go 360 |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Applicant previous owner of business - Applicant employed by respondent - Whether applicant became independent contractor - Personal trainer |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant indicated change in status to independent contractor by accepting payment of holiday pay accrued as employee. Applicant's actions portrayed that applicant had become independent contractor and conduct reasonably implied agreement on independent contractor relationship completed. Monthly invoices further evidence of independent contractor relationship. Applicant's involvement with business changed on day-to-day basis so that applicant had considerable autonomy to organise day as applicant wished. Applicant received full fees paid by clients and free to solicit clients. Evidence of industry practice whereby personal trainers engaged as contractors to gyms. Applicant did not dispute had become independent contractor at time. Applicant became independent contractor notwithstanding applicant never signed or returned independent contractor agreement. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_278.pdf [pdf 215 KB] |