Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 155/03
Hearing date 20 May 2003
Determination date 29 May 2003
Member Y S Oldfield
Representation RD Lawrence (In person) ; P Kotze
Location Auckland
Parties Lawrence v LTY Consulting Ltd
Summary JURISDICTION - Whether employee or independent contractor - Alleged failure to pay monies - No written employment agreement - When relationship began both parties intended relationship to be one of principal and contractor - Neither control test nor integration test were conclusive - Although not necessarily determinative intent was an important factor - Independent contractor - Proceedings amended to show respondent as company instead of company's director
Result Application dismissed ; Orders accordingly ; Costs reserved
Number of Pages 4
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