| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 121 |
| Hearing date | 12 May 2015 |
| Determination date | 17 August 2015 |
| Member | H Doyle |
| Representation | R Thompson ; A Riches |
| Location | Christchurch |
| Parties | Davis v Hard Yards Brick/Block & Landscape Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Bricklayer |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Common intention of parties was for relationship other than employment relationship. Some control over applicant not inconsistent with contractor relationship as it served as quality control and governed timing of service. Number of hours worked variable. Applicant free to pursue other work. Applicant’s inability to quote for jobs not inconsistent with contractor arrangement. Respondent provided applicant with company uniform and tools. Applicant claimed mileage expenses. Unlike other employees applicant not paid to attend health and safety course. Control and integration factors did not weigh strongly in favour of employment relationship. Change in hourly rate payable to applicant for some jobs not consistent with employment relationship. Applicant claimed business expenses as tax deductions. Fundamental test favoured contractor arrangement. No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s6;Holidays Act 2003;Holidays Amendment Act 2004 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721D'Arcy-Smith v Natural Habitats Ltd [2015] NZEmpC 123 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_121.pdf [pdf 200 KB] |