| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 76 |
| Hearing date | 15-Feb-17 |
| Determination date | 16 May 2017 |
| Member | H Doyle |
| Representation | s Richardson ; J Stringer |
| Location | Christchurch |
| Parties | Moore v Leisuretime Portable Buildings Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Difficult to ascertain whether any common intention about relationship. Applicant worked variable hours each week. Some supervision of applicant’s work. Applicant brought some equipment but also used respondent’s. Control and integration text inconclusive. Withholding tax deducted from applicant’s pay. Applicant not given holiday or sick pay and completed timesheets each week. 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 ; D’Arcy-Smith v Natural Habitats Ltd [2015] NZEmpC 123 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_76.pdf [pdf 258 KB] |