| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 180 |
| Hearing date | 27 Apr 2016 - 28 Apr 2016 (2 days) |
| Determination date | 04 October 2016 |
| Member | J Crichton |
| Representation | E Tait, A Dumbleton ; P Wicks QC |
| Location | Christchurch |
| Parties | Labour Inspector v Solutions Personnel Ltd |
| Summary | JURISDICTION – Whether respondent’s workers employees or independent contractors |
| Abstract | AUTHORITY FOUND –JURISDICTION: Signed independent contractor agreement between parties. Respondent tried to make sure staff aware of difference. No useful evidence of intention of workers. Respondent had virtually no control over staff. Respondent effectively just agent for clients. Workers not integrated into respondent’s business. Workers in business on own account. Workers independent contractors. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Brook Street Bureau (UK) Ltd v Dacas [2004] EWCA Civ 217 ; Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 ; Downey v New Zealand Greyhound Racing Association Inc ERA Auckland AA315/05, 18 August 2005 ; Hook v JB’s Contractors Ltd ERA Auckland AA21/01, 22 March 2001 ; Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [2015] NZEmpC 224 |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Christchurch_180.pdf [pdf 195 KB] |