| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 1/03 |
| Hearing date | 26 Nov 2002 |
| Determination date | 07 January 2003 |
| Member | P R Stapp |
| Representation | M Gould ; K Binnie |
| Location | Wellington |
| Parties | Bryson v Three Foot Six Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Employment agreement referred to contract for service - Numerous factors favoured contractor status - Provided own tools - No uniform or training provided - Little or insignificant supervision - Previous employment history supported contractor status - Invoiced respondent for work carried out - Factors favouring employee status merely necessary part of industry practice - Independent contractor - Model maker |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(5) |
| Cases Cited | Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01;Koia v Carlyon Holdings Ltd [2001] ERNZ 585 |
| Number of Pages | 4 |
| PDF File Link: | wa 1_03.pdf [pdf 29 KB] |