| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 40 |
| Hearing date | 12 Feb 2015 |
| Determination date | 31 March 2015 |
| Member | Christine Hickey |
| Representation | B Bucknell (in person) ; T McGinn |
| Location | Christchurch |
| Parties | Bucknell v Woolston Store Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Employment agreement offered but applicant sought to be engaged through her company - Applicant invoiced respondent - Subsequent request to change agreement to that of employee - Market supervisor |
| Abstract | AUTHORITY FOUND -JURISDICTION: Applicant's request to be engaged through company strong indication contract for services intention of applicant. Respondent did not agree to applicant's request to change engagement to that of employment. Applicant rostered own hours. Applicant's engagement integral part of respondent's business, but any employee or contractor could have performed work and did not mean relationship that of employee more than contractor. Applicant acted fundamentally as if in business on own account. Applicant put in long hours to benefit respondent but did not do so as employee. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1)(a);ERA s6(2);ERA s6(3)(a);ERA s6(3)(b);ERA Second Schedule cl15 |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721;Kiwikiwi v Maori Television Service (2007) 5 NZELR 6 (EmpC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_40.pdf [pdf 260 KB] |