| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 69 |
| Hearing date | 12-Apr-17 |
| Determination date | 04 August 2017 |
| Member | M Loftus |
| Representation | A Bell ; P Cullen, C Scarrott |
| Location | Wellington |
| Parties | Down v Web Genius Central NZ Ltd |
| Summary | JURISDICTION – Whether applicant employee or contractor – Licensed Local Web Marketing Adviser |
| Abstract | AUTHORITY FOUND – JURISDICTION: Parties intended arrangement not to be one of employment. Parties engaged in contract for services. Two agreements between parties. Neither agreement indicated employment relationship. Applicants function in the business was not a core function. Applicant provided tools of his own trade and established his own business to deal with respondent. Applicant also GST registered. Applicant operating under his own account. Applicant not employee. No jurisdiction. |
| Result | Application dismissed ; costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 ; ERA s6(3)(a) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2)[2005] ERNZ 372 (SC) ; Cheng v Royal Hong Kong Golf Club [1998] ICR 131 (PC) ; Cunningham v TNT Worldwide Express (NZ) Ltd [1993] 1 ERNZ 695 (CA) ; Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114 (EmpC) ; Enterprise Cars Ltd v Commissioner of Inland Revenue (1988) 10 NZTC 5,126 (HC) ; Koia v Carylon Holdings Ltd [2001] ERNZ 585 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_69.pdf [pdf 182 KB] |