| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 53A/03 |
| Hearing date | 28 Feb 2003 |
| Determination date | 04 April 2003 |
| Member | J Scott |
| Representation | H Thorpe ; A Topham |
| Location | Auckland |
| Parties | Bishop v Optimise IT Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Real nature of relationship - Contract created ambiguity and inconclusive - Conduct of parties confirmed contractor relationship - Described herself as contractor in letter of termination - Paid on production of GST invoice - Used own car, laptop and cellphone - Worked own hours - Minimum level of control over applicant's activities - Independent contractor not employee - Authority lacked jurisdiction to address claim of unjustified dismissal - Sales executive |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s6;ERA s6(2);ERA s6(3) |
| Cases Cited | Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |