| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 474 |
| Hearing date | 12 Nov 2014 |
| Determination date | 19 November 2014 |
| Member | A Fitzgibbon |
| Representation | J Turner ; N Blake (in person) |
| Location | Auckland |
| Parties | Colin Bender Chartered Accountants Ltd v Blake |
| Summary | JURISDICTION – Whether respondent employee or independent contractor – Accountant |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Final agreement between parties clear that respondent to be employed at hourly rate for minimum number of hours per week, completed jobs to be invoiced by applicant, respondent subject to restraint of trade and only to act for clients in respondent’s capacity as employee of applicant. Final agreement amended by respondent to make clear relationship one of employment. Final agreement strongly suggested parties intended employment relationship despite stating sick leave and annual leave not payable. Respondent worked reasonably autonomously in terms of hours but worked minimum number of hours and made up time if necessary. Parties represented to Inland Revenue Department that respondent employee. Respondent performed duties at applicant’s office, used applicant’s computer and reimbursed by applicant for expenses. Applicant exerted strong control over respondent’s work. Respondent did not receive profit in respect of applicant’s invoices. Respondent employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Poulter v Antipodean Growers Ltd (2010) 7 NZELR 543;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_474.pdf [pdf 178 KB] |