| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 57 |
| Hearing date | 29-Mar-17 |
| Determination date | 24 April 2017 |
| Member | C Hickey |
| Representation | M Harrison ; J Farrow, S McClean |
| Location | Christchurch |
| Parties | Cockburn v Morning Dance Fish Co Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Deck Hand |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No written employment agreement. Applicant paid a share of value of catch from each trip. Tax code indicated parties’ intended applicant to be independent contractor. Applicant retained control over when he would accept work and free to work on other vessels. Applicant did not wear a uniform and provided own equipment. Industry practice not determinative but indicated contractor. Applicant independent contractor. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Singh v Eric James & Associates Ltd [2010] NZEmpC 1;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77;Sealord Group Ltd v Pickering [2015] NZEmpC 76 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Christchurch_57.pdf [pdf 205 KB] |