| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 97 |
| Hearing date | 23 & 24 Mar 2016 (2 days) |
| Determination date | 24 March 2016 |
| Member | Anna Fitzgibbon |
| Representation | E Hartdegen ; J Rooney |
| Location | Auckland |
| Parties | James Hardy t/a Datcom Ltd v Visionstream Pty Ltd |
| Summary | JURISDICTION – Whether applicant an employee or independent contractor – Technician |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Commercial contract existed between applicant and respondent. Onus on applicant to establish employment relationship. Intention to be commercial contract and not employment contract. Financial information indicated applicant set up separate company that contracted with respondent. Applicant operated company through own home and respondent did not provide tools of trade. Degree of flexibility and availability. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s 6;ERA s 174 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;May v Armourguard Security Ltd [2011] NZERA Auckland 208;McDonald v Ontrack Infrastructure Ltd [2010] NZEmpC 132, [2010] ERNZ 223;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_97.pdf [pdf 296 KB] |