| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 110 |
| Hearing date | 14 Apr 2015 |
| Determination date | 15 April 2015 |
| Member | TG Tetitaha |
| Representation | S Harvey ; G Mackley |
| Parties | Berg v Emergency.Co.NZ Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Respondent a contractor to TV3 - Personal assistant |
| Abstract | AUTHORITY FOUND –JURISDICTION: Applicant worked under control of respondent. Applicant received retainer to do other work required by TV3. Integration test favoured employment relationship. Respondent trained applicant in necessary skills. Invoices did not give clear indication as to applicant’s status. Director of respondent signed forms authorising deduction of PAYE. Applicant and respondent had not discussed applicant being contractor prior to investigation meeting. Evidence provided of industry practice not relevant. Applicant in long-term employment. Applicant employee. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1);ERA s6(2);ERA s6(3) |
| Cases Cited | Bank voor Handel en Scheepvaart NV v Slatford (No 2) [1953] 1 QB 248 (CA);Bryson v Three Foot Six [2003] 1 ERNZ 581 (EmpC);Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_110.pdf [pdf 147 KB] |