| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 529 |
| Hearing date | 11 Dec 2014 |
| Determination date | 22 December 2014 |
| Member | R Arthur |
| Representation | G Minchin ; R Parmenter |
| Location | Auckland |
| Parties | Cairns v Interworld Plastics Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Applicant investor in respondent - Parties signed employment agreement - Applicant invoiced salary to respondent -Invoices to be paid to another company owned by applicant - CEO and CFO |
| Abstract | AUTHORITY FOUND -JURISDICTION: Mechanism applicant set up for payment to be made to company rather than him as personal remuneration indicated applicant independent contractor. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2);ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Excell Corp Ltd v Carmichael [2003] 1 ERNZ 473;Massey v Crown Life Insurance Co [1978] 2 All ER 576;Telecom South v Post Office Union [1992] 1 ERNZ 711 ; [1992] 1 NZLR 275 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_529.pdf [pdf 257 KB] |