| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 224 |
| Hearing date | 28 Jul 2015 |
| Determination date | 31 July 2015 |
| Member | V Campbell |
| Representation | R Zhao, D Zhang ; M King |
| Location | Auckland |
| Parties | Li v Dependable Property Management Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – General manager |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Contract signed between parties stated applicant independent contractor, applicant to register for GST, and applicant not entitled to usual employee rights. Respondent clear that applicant engaged as contractor. Applicant free to work wherever and whenever, but not obvious whether applicant’s work controlled by respondent. Not obvious whether applicant’s work integral to respondent, although applicant worked exclusively for respondent. Applicant required to pay own taxes and claimed business-related expenses in tax returns. Applicant not able to retain clients applicant brought to respondent. Applicant fundamentally largely contractor. Evidence of industry practice inconclusive. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1);ERA s6(3);Real Estate Agents Act 1979;Goods and Services Act 1985 s51(2) |
| Cases Cited | Brunton v Garden City Helicopters Ltd [2011] NZEmpC 29, [2011] ERNZ 504;Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Dependable Property Management Ltd v Li [2015] NZHC 916 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_224.pdf [pdf 226 KB] |