| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 281 |
| Determination date | 14 September 2017 |
| Member | E Robinson |
| Representation | D Gelb ; C Hainsworth-Powrie |
| Location | Auckland |
| Parties | Sheard v Sands |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – PENALTY – Applicant sought penalty for respondent’s failure to comply with the Employment Relations Act 2000 and the Holiday’s Act 2003 – Nanny |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Employment Agreement (‘EA”) was headed as Independent Contractor Agreement. Provisions of EA indicated an independent contractual relationship. Applicant had no entitlements to terms and conditions that employees have such as holiday and sick leave. Applicant issued invoices to respondent and sought external advice about invoices. Applicant paid own PAYE. Applicant independent contractor. No jurisdiction. PENALTY: No jurisdiction to impose penalty. No penalty. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No2) [2005] NZSC 34, [2005] 3 NZLR 721 (SC);Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695 (CA);Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_281.pdf [pdf 197 KB] |