| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 9 |
| Determination date | 13 January 2017 |
| Member | C Hickey |
| Representation | EJ Fraser (in person) ; no appearance |
| Location | Christchurch |
| Parties | Fraser v Robin Andrew Page as the Director of Chathams Direct Ltd and Chathams Direct 2012 Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - No appearance for respondent – Deck Hand |
| Abstract | AUTHORITY FOUND;JURISDICTION: Intention of parties that applicant was employee. Respondent’s provision of equipment and tools indicated employment relationship. Work undertaken by applicant vital to business. Non-receipt of PAYE by IRD not determinative. Applicant not in business for himself. Applicant employee. |
| Result | Application granted |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot 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 | 7 |
| PDF File Link: | 2017_NZERA_Christchurch_9.pdf [pdf 125 KB] |