| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 125/02 |
| Determination date | 04 December 2002 |
| Member | P R Stapp |
| Representation | C Parker C Terrey (In person) ; G Davenport |
| Location | Wellington |
| Parties | Terrey v Wrightson Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Began relationship as salesperson contractor - Took on additional branch manager duties - Whether independent contractor under s51A Real Estate Agents Act 1976 - Section 51A REAA concerned status of salesperson - Covered salesperson who also performed branch manager duties - Interpretation of for all purposes" in s51A(5) REAA - Branch managers not necessarily precluded from contract for service arrangement - Parties' intention unclear - Significant level of independence and autonomy - Able to perform other work - Remuneration partly dependant on applicant's success - Tax status of employee was indicative only - No evidence indicating the existence of an employment relationship - Real nature of relationship favoured independent contractor status - Salesperson and branch manager" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6;Real Estate Agents Act 1976 s2;Real Estate Agents Act 1976 s51A |
| Cases Cited | Booth v Ford Barker Reality unreported, GM Teen, 9 March 2000, CT 15/00;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Page v Waipu Citizens & Services Club Inc unreported, Travis J, 27 January 1998, AEC 1/98 |
| Number of Pages | 13 |
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