| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 100 |
| Hearing date | 17-Mar-17 |
| Determination date | 06 April 2017 |
| Member | A Fitzgibbon |
| Representation | P Preece, D Preece ; I McGovern |
| Location | Kerikeri |
| Parties | Preece v He-Do-Ki Trust |
| Summary | JURISDICTION – Whether applicants employees or independent contractors – Caretakers |
| Abstract | AUTHORITY FOUND;JURISDICTION: Written contract contained indicators of both contract for services and employment agreement. Applicants were experienced business people and aware of differences between employee and contractor relationships. Applicants did not pursue employment entitlements. Income received from respondent treated as income from self-employment. Parties intended independent contractors. Applicant’s retained flexibility relating to performance of work and able to engage in other work and continue their own business. Applicants independent contractors. No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 ; ERA s174 |
| Cases Cited | Bryson v Three Foot Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Chief of Defence Force v Ross-Taylor [2010] NZEmpC 22, [2010] ERNZ 61;Excell Corporation Ltd v Carmichael [2003] 1 ERNZ 473 (EmpC);Massey v Crown Life Insurance Co [1978] 2 All ER 576;May v Armourguard Security Ltd [2011] NZERA Auckland 208;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Auckland_100.pdf [pdf 217 KB] |