| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 60 |
| Hearing date | 2-Mar-17 |
| Determination date | 27 April 2017 |
| Member | C Hickey |
| Representation | D Beck ; J Goldstein |
| Location | Christchurch |
| Parties | Triggs v JB Presentations Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Sales Consultant |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Contract described applicant as contractor. Parties intended applicant to be independent contractor. Respondent provided equipment and paid half of expenses. Applicant not a homeworker. Applicant paid own ACC levies. Applicant not an employee. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s 3(a)(ii) ; ERA s6 ; ERA s6(3)(ii) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721;Cashman v Central Regional Health Authority [1996] 2 ERNZ 706 (EmpC);Poulter v Antipodean Growers Ltd [2010] NZEmpC 77 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Christchurch_60.pdf [pdf 140 KB] |