| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 101 |
| Hearing date | 2-May-17 |
| Determination date | 28 June 2017 |
| Member | C Hickey |
| Representation | D Gilbert ; A Hansen |
| Location | Christchurch |
| Parties | Loo v Vircom Energy Management Services Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Parties’ mutual intention ascertained in services agreement (“agreement”). Reference to health and safety compliance, performance standards, code of conduct and intellectual property rights in agreement all neutral factors. Applicant labelled contractor in agreement. Agreement permits respondent to vary or add services unilaterally. No guarantee of minimum work. Agreement suggested mutual intention for independent contractor. Control and integration tests suggested independent contractor relationship. Work performed could be undertaken by employee or contractor. Looking at relationship overall, applicant was 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;Blincoe v Waste Contractors Ltd [2015] NZERA Christchurch 17;Clark v Northland Hunt Inc (2006) 4 NZELR 23 (EmpC);McGeown v Andy Andersons Industrial Services (2007) Ltd [2012] NZERA Auckland 41;Poulter v Antipodean Growers Ltd [2010] NZEmpC 77, (2010) 7 NZELR 543 |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Christchurch_101.pdf [pdf 276 KB] |