| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 179 |
| Hearing date | 5 Jun 2015 |
| Determination date | 22 June 2015 |
| Member | A Fitzgibbon |
| Representation | P Wallace ; G Malone |
| Location | Auckland |
| Parties | Davison v Talley's Group Ltd |
| Summary | JURISDICTION – Whether contractual relationship between parties – Whether applicant employee or independent contractor – Triangular employment relationship - General Manager |
| Abstract | AUTHORITY FOUND –JURISDICTION: Parties intended contract to be contract for services, not employment agreement. Contract stated between respondent and applicant’s company. Applicant signed contract on behalf of own company. No contractual relationship between applicant and respondent. In any case, applicant aware of differences between employment and independent contractor agreements. Applicant’s company paid own tax and did own accounting. Applicant worked exclusively for respondent but had to provide own equipment and worked from home. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s174 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Chief of Defence Force v Ross-Taylor [2010] NZEmpC 22, [2010] ERNZ 61; Excell Corp Ltd v Carmichael [2003] 1 ERNZ 473 (EmpC);Massey v Crown Life Insurance Co [1977] EWCA Civ 12, [1978] All ER 576;May v Armourguard Security Ltd [2011] NZERA Auckland 208;McDonald v Ontrack Infrastructure Ltd [2010] NZEmpC 132, [2010] ERNZ 223;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_179.pdf [pdf 268 KB] |