| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 29 |
| Hearing date | 13 Oct 2016, 20 Dec 2016 (2 days) |
| Determination date | 24 February 2017 |
| Member | H Doyle |
| Representation | D Robinson, K Logan ; M Ryan, C Carr |
| Location | Dunedin |
| Parties | Stevenson v Altus Financial Services Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor |
| Abstract | AUTHORITY FOUND –JURISDICTION: Parties intended applicant to be independent contractor. Respondent had limited control over applicant’s work. Role could have been done by employee or independent contractor. Applicant independent contractor. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6; ERA s6(3)(a) ; ERA s161 ; ERA s161(c) |
| Cases Cited | Atkinson v Phoenix Commercial Cleaners Ltd [2015] NZEmpC 19, [2015] ERNZ 10 ; Buchan and Ivey v Secretary of State for Employment [1997] IRLR 90 (EAT) ; Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 ; Downey v New Zealand Greyhound Racing Assoc Inc (2006) 3 NZELR 501 (EmpC) ; Lee v Lee’s Air Farming Ltd [1961] NZLR 325 (PC) ; Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 (EmpC) Telecom South Ltd v Post Office Union Inc [1992] 1 NZLR 275 (CA) |
| Number of Pages | 25 |
| PDF File Link: | 2017_NZERA_Christchurch_29.pdf [pdf 246 KB] |