| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 37 |
| Hearing date | 19 Nov 2014 |
| Determination date | 04 February 2015 |
| Member | J Crichton |
| Representation | B Molloy ; A Lubbe |
| Location | Auckland |
| Parties | Parkes v Auckland Council |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Technical leader (fire) |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Written agreements between parties plainly contracts between contractor and principal. Applicant provided services through limited liability company and respondent invoiced by company. Applicant not required to work regular span of hours provided minimum hours worked. Applicant's status as contractor not based on respondent's need to circumvent internal regulations. Applicant benefited from contractual arrangement as paid more than possible if applicant employee. Fact applicant treated as internal contractor" by respondent did not change reality that applicant contractor. Usual for people in specialised field of fire engineer to be engaged as contractors. Applicant able to work for other entities. No evidence that way applicant worked subject of management or supervision by respondent. Aspects of integration apparent in relationship between parties but inevitable given size of respondent and differentiation respondent made between "external" and "internal" contractors. Applicant worked on own account. Simple increase in volume of work when "supercity" created did not change fundamental legal nature of relationship between parties. Fact applicant had designation in respondent's structure did not make applicant employee. Applicant never suggested that recruitment process for employment position respondent's way of formalising applicant's de facto status as employee. Applicant independent contractor. No jurisdiction." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Building (Accreditation of Building Consent Authorities) Regulations 2006;ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_37.pdf [pdf 124 KB] |