| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 243 |
| Hearing date | 10 Aug 2015 - 11 Aug 2015 (2 days) |
| Determination date | 14 August 2015 |
| Member | A Fitzgibbon |
| Representation | R McNaughton ; J Lim |
| Location | Hamilton |
| Parties | Thompson v Middle Earth Flying School Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Whether nature of relationship changed over time |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Original common intention of parties was for contractor relationship. Applicant not paid wages or salary but received commission. Applicant personally paid for various business expenses and was reimbursed. Applicant’s expectation to obtain shares in respondent company consistent with contractor relationship. Applicant lacked job description. Applicant not required to keep certain hours. No performance monitoring. Respondent did not exercise level of control over applicant claimed by applicant. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1);ERA s6(2);ERA s6(3);ERA s174 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_243.pdf [pdf 174 KB] |