| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 236 |
| Determination date | 08 July 2016 |
| Member | Anna Fitzgibbon |
| Representation | T Henry-Win ; P Blair |
| Location | Auckland |
| Parties | Houkamau v Tango |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Caregiver |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant paid by respondent’s Accident Compensation Corporation (“ACC”) entitlements. ACC rules and forms provided caregivers are independent contractors. Carers are contractors responsible for their own annual leave, sick leave and taxes. Applicant independent contractor. No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Accident Compensation Act 2001 s81 - ERA s174E |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_236.pdf [pdf 233 KB] |