| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 92 |
| Hearing date | 28 Jan 2015 - 29 Jan 2015 (2 days) |
| Determination date | 25 March 2015 |
| Member | TG Tetitaha |
| Representation | K Smith (in person) ; W Bennetti |
| Location | Whangarei |
| Parties | Smith v Ultimate Resorts and Properties Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Applicant ran consultancy business - Whether applicant concluded consultancy work and commenced work as employee |
| Abstract | AUTHORITY FOUND -JURISDICTION: Applicant invoiced respondent for work done. Invoices recorded consultancy firm as payee, not applicant. Evidence did not support claim relationship turned to that of employment. 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 [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_92.pdf [pdf 155 KB] |