| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 422 |
| Hearing date | 3 Oct 2014 |
| Determination date | 13 October 2014 |
| Member | R Larmer |
| Representation | S Tee ; P Grace |
| Location | Auckland |
| Parties | Ambler v Crous t/a Rhodium Trust |
| Summary | AUTHORITY FOUND –JURISDICTION: Parties’ intentions did not give clear indicator either way. Parties’ written agreement ambiguous as to nature of relationship. Respondent had high level of control and supervision over applicant’s work. Applicant integrated into team within respondent’s business. Applicant not in business on own account. Applicant submitted invoices but paid equal amount regardless. Payment method neutral factor. Applicant employee. |
| Abstract | AUTHORITY FOUND –JURISDICTION: Parties’ intentions did not give clear indicator either way. Parties’ written agreement ambiguous as to nature of relationship. Respondent had high level of control and supervision over applicant’s work. Applicant integrated into team within respondent’s business. Applicant not in business on own account. Applicant submitted invoices but paid equal amount regardless. Payment method neutral factor. Applicant employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1)(a);ERA s 6(2) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_422.pdf [pdf 2.4 MB] |