| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 45 |
| Hearing date | 15-Feb-16 |
| Determination date | 14 April 2016 |
| Member | Christine Hickey |
| Representation | K Murray, S Boyce ; P Churchman |
| Location | Blenheim |
| Parties | Smith v Mark Stevenson First National Real Estate Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Whether applicant real estate salesperson or property management |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Real Estate Agents Act 2008 applicable. Written agreement described applicant as independent contractor. Applicant independent contractor. Respondent did not have duty of good faith at time of signing written agreement as good faith only applies to parties in employment relationship. No jurisdiction. |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2);ERA s6(3)(a);ERA s6(3)(b);ERA s6(4);Real Estate Agents Act 2008;Real Estate Agents Act 2008 s4;Real Estate Agents Act 2008 s51;Real Estate Agents Act 2008 s51(2) |
| Cases Cited | Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;Raine Blackadder Ltd t/a Ray White Commercial v Noonan [2006] ERNZ 122 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Christchurch_45.pdf [pdf 234 KB] |