| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 133 |
| Hearing date | 15/08/2016 |
| Determination date | 16 August 2016 |
| Member | Vicki Campbell |
| Representation | D Beck; J Goldstein |
| Parties | Smith & Anor v Aspect Group (2015) Ltd |
| Other Parties | Smith |
| Summary | JURISDICTION – Whether applicants employees or independent contractors – Plasterers |
| Abstract | AUTHORITY FOUND –JURISDICTION: No written documentation. Applicants intended to start own business and sub-contracted with respondent to achieve this. Respondent’s director discussed with applicants nature of relationship being one of contracting. Respondent provided van on temporary basis. Applicants provided most tools, not supervised while undertaking work and could choose hours. Applicants integral part of respondent’s business but work could have been undertaken by employee or contractor. Applicants provided invoices and timesheets, and had withholding tax deducted from invoices. Applicants could charge hourly but could not set price to make profit. Fundamental test unclear as to nature of relationship. Industry practice mixed. Overall impression that applicants independent contractors. Applicants independent contractors. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1) ; ERA s6(3) ; ERA s174E |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 ; Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_133.pdf [pdf 133 KB] |