| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 210 |
| Hearing date | 23-Jun-16 |
| Determination date | 24 June 2016 |
| Member | Eleanor Robinson |
| Representation | T Win ; G Bennett |
| Location | Auckland |
| Parties | Huffman v Calibre Haircare Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Hair stylist |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Parties intended applicant to be independent contractor. Applicant able to work own hours and set own prices. Contract required applicant to comply with reasonable and lawful instructions and produce satisfactory quality of work, but consistent with normal contracting function in context. Respondent did not deduct PAYE on applicant’s behalf. Applicant used some of respondent’s equipment, but use reflected in commission rate. Applicant accepted large financial risk and could service own clients privately. Applicant in business on own account. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;TNT Express Worldwide (NZ) Ltd v Cunningham [1993] 3 NZLR 681 (CA);Muollo v Rotaru [1995] 2 ERNZ 414 (EmpC);Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Auckland_210.pdf [pdf 209 KB] |