| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 273 |
| Hearing date | 7-Sep-15 |
| Determination date | 09 September 2015 |
| Member | Vicki Campbell |
| Representation | H Burdon ; L Tucker |
| Location | Auckland |
| Parties | Reed v Taniwha Farms Ltd |
| Summary | JURISDICTION – Whether applicants employees or independent contractors – Share milkers |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicants did not ask to be employees, set up a partnership to operate contractual obligations and acknowledged common intention of parties was for applicants to be contractors. Respondents largely left applicants to run farm independently and did not supervise applicants on day-to-day basis. Respondents did exert low level of control over applicants’ duties and tasks to be done. Control test inconclusive. Applicants performed work integral to respondent’s business but could hire relievers to be paid out of own money. Integration test inconclusive. Applicants did own taxes, paid GST, claimed taxable deductions from income and did not receive paid sick leave. Fundamental test indicated applicants contractors. Common industry practice for milkers to be contractors. Overall impression indicated applicants contractors. Applicants would have been aware of implications of being contractors from prior experience. Applicants independent contractors. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(3);ERA s174E |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_273.pdf [pdf 159 KB] |