| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 123 |
| Hearing date | 5-Jul-16 |
| Determination date | 05 October 2016 |
| Member | M Loftus |
| Representation | B Soltani (in person) ; C Teng |
| Location | Wellington |
| Parties | Soltani v Making Futures Happen International Institute Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor - Tutor |
| Abstract | AUTHORITY FOUND –JURISDICTION: No meeting of minds between parties over applicant’s status. No signed contract or employment agreement. Applicant paid in full without tax deducted. Applicant could work own hours. Respondent had little control over applicant. Applicant had to provide own curriculum, teaching materials and computer. Applicant not integral part of business. Applicant working on own account. No evidence about industry practice. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Statutes | ERA s6 ; ERA s6(3)(a) ; ERA s65(1)(a) ; ERA s122 ; Income Tax Act 2007 s RA 5(1)(a) ; Income Tax Act 2007 s RD 2(2) ; Income Tax Act 2007 s RD 3(1)(a)(i) ; Income Tax Act 2007 s RD 4(2) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Wellington_123.pdf [pdf 165 KB] |