| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 120 |
| Hearing date | 21-Mar-17 |
| Determination date | 07 July 2017 |
| Member | P van Keulen |
| Representation | P Tucker ; R Parmenter |
| Location | Christchurch |
| Parties | Jones v Penrose Enterprises Ltd |
| Summary | JURISDICTION – Whether applicant employee or contractor |
| Abstract | AUTHORITY FOUND – JURISDICTION: Parties entered into contractor agreement. Applicant declared his tax code as WT which is applicable to a self-employed contractor. Applicant used his own mobile phone and was not required to wear a uniform or undertake performance reviews. Respondent placed some control on applicant’s activities, however he could sell cars he chose to and did not need to be at the yard all the time. Applicant bore financial risk for his work. Applicant in business on his own account. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 ERA Second Schedule cl10 |
| Cases Cited | Atkinson v Phoenix Commercial Cleaners Ltd [2015] NZEmpC 19 Bryson v Three Foot Six Ltd [2003]1 ERNZ 581 (EmpC) Bryson v Three Foot Six Ltd [2005] NZSC 34 Singh v Eric James & Associates Ltd [2010] NZEmpC 1 Stone v Orams Marine (Auckland) Ltd AEC88/97 (EmpC) TNT Worldwide Express (New Zealand) Ltd v Cunningham [1993] 1 ERNZ 695 (CA) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_120.pdf [pdf 135 KB] |