| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 105 |
| Hearing date | 21 may 2015 |
| Determination date | 30 July 2015 |
| Member | H Doyle |
| Representation | M Hanna ; P Bendall |
| Location | Christchurch |
| Parties | Blaxall v Blaxall Optics Vision Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant director and shareholder of respondent - ARREARS OF WAGES – Applicant sought arrears of wages - RECOVERY OF MONIES – Applicant sought reimbursement of expenses – General manager |
| Abstract | AUTHORITY FOUND –JURISDICTION: No evidence that applicant always regarded as employee. Applicant not supervised in daily work and could control working hours. Control test indicated contractor. Applicant’s work integral to business. Applicant made financial decisions for respondent and so applicant’s work fundamental to business. Applicant paid PAYE. Applicant still had large control over respondent. Applicant independent contractor. No jurisdiction.ARREARS OF WAGES: No jurisdiction. No arrears of wages.RECOVERY OF MONIES: No jurisdiction. No recovery of monies. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1)(a);ERA s6(2);ERA s161;ERA s161(c) |
| Cases Cited | Buchan v Secretary of State for Employment [1997] IRLR 80;Lee v Lee’s Air Farming Ltd [1961] NZLR 325 (PC);Secretary of State for Trade and Industry v Bottrill EATRF 98/013203;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_105.pdf [pdf 190 KB] |