| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 436 |
| Hearing date | 7 Oct 2014 |
| Determination date | 23 October 2014 |
| Member | V Campbell |
| Representation | B Wilson ; J Meroiti |
| Parties | Lester v Kiwipanel Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor |
| Abstract | AUTHORITY FOUND -JURISDICTION: No contract or agreement indicating intention of parties. Differing perceptions of what had been agreed. Little supervision of applicant and analysis suggested applicant free to work hours that suited him. Applicant treated same as other independent contractors. Applicant accepted responsibility for own taxes and supply of tools. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1);ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] ERNZ 372;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_436.pdf [pdf 280 KB] |