Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2016] NZERA Auckland 264
Hearing date 3/08/2016
Determination date 03 August 2016
Member Anna Fitzgibbon
Representation G Wu (In person); No Appearance
Location Auckland
Parties Wu v Dauber Ltd
Summary JURISDICTION – Whether applicant employee or independent contractor – Painter
Abstract AUTHORITY FOUND -;JURISDICTION: Applicant had no set hours of work. IRD Notice of Assessment indicated applicant self-employed. No written employment agreement. Applicant independent contractor. No jurisdiction.
Result Application dismissed ; Costs reserved
Main Category Jurisdiction
Statutes ERA s6;ERA s174E
Cases Cited Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721
Number of Pages 5
PDF File Link: 2016_NZERA_Auckland_264.pdf [pdf 147 KB]