| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 10 |
| Hearing date | 12 & 30 Nov, 7 Dec 2015 (3 days) |
| Determination date | 03 February 2016 |
| Member | David Appleton |
| Representation | RD Mills-Godinet ; R Upton |
| Location | Christchurch |
| Parties | Lowes v Hall's Group Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Truck cleaner |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No written employment agreement between parties. Applicant invoiced respondent, charged depending on vehicle cleaned, allowed to work own hours, responsible for arranging cover if going to take leave, would take care of own taxes and not be paid holiday pay. No material evidence about industry practice. No common intention between parties as to employment status. Little to no day to day control of applicant’s work once trained. Applicant provided some equipment and paid for some of own training. Applicant did not take fixed breaks. Appeared that applicant in business on own account. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1)(a) |
| Cases Cited | Atkinson v Phoenix Commercial Cleaners Ltd [2015] NZEmpC 19, [2015] ERNZ 10; Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Christchurch_10.pdf [pdf 202 KB] |