| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 121 |
| Hearing date | 15-Sep-15 |
| Determination date | 14 December 2015 |
| Member | Trish MacKinnon |
| Representation | C Gelston ; S Herbert |
| Location | New Plymouth |
| Parties | Falconer v Taranaki Property Specialists Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - IT provider |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Intention of parties for applicant to be employee and director of BBRL. Applicant did not have to go to respondent’s premises often and not compulsory for applicant to attend events. No control of applicant by TPSL. Marketing material of TPSL on applicant’s business cards not evidence of integration. Applicant not employed by TPSL. Applicant independent contractor. No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s 6;ERA s6(2) |
| 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_Wellington_121.pdf [pdf 171 KB] |