| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 133 |
| Hearing date | 21 Jul 2014 |
| Determination date | 01 September 2014 |
| Member | C Hickey |
| Representation | J Walker ; M Donovan |
| Parties | Boskett v Kaltenstadler and Anor |
| Other Parties | Harakeke Trust |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - No written agreement - Initially applicant worked on property in exchange for accommodation -- Applicant later agreed to manage resale or renting of respondent's properties - Some of applicant's own tools used - Vehicle leased by respondent for applicant's use but later used own vehicle |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Initial arrangement agreement between friends. Later arrangement suggested applicant in business on own account. Respondent told applicant did not want applicant to be employee. Applicant issued invoices and claimed GST. Applicant made personal income from properties,. Applicant aware respondent not paying tax on applicant's behalf. 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 | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_133.pdf [pdf 256 KB] |