| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 33 |
| Hearing date | 28 May 2015 & 19 May 2016 (2 days) |
| Determination date | 04 May 2017 |
| Member | M Loftus |
| Representation | B Buckett ; G Mowbray |
| Location | Wellington |
| Parties | Ransley and Anor v Circuit Solutions Ltd |
| Other Parties | Ransley |
| Summary | JURISDICTION – Whether applicants employees or independent contractors |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Clear intention first applicant ceased being a director and became an employee. First applicant paid salary, PAYE and took annual leave. Respondent exercised control over first applicant. First applicant employee. Second applicant received remuneration but never worked for respondent. Second applicant not employee. No jurisdiction. If second applicant was an employee, grievance was not raised within 90 days. |
| Result | Application granted (first applicant) ; Application dismissed (second applicant) ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 ; ERA s6(3)(a) ; ERA s114(1) ; ERA s114(3) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Wellington_33.pdf [pdf 168 KB] |