| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 219/03 |
| Hearing date | 16 Jun 2003 |
| Determination date | 18 July 2003 |
| Member | K J Anderson |
| Representation | A Sanderson ; M Broadbelt |
| Location | Auckland |
| Parties | Wilson v Hillcrest Tavern Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Initially employed as contractor - Alleged status changed to employee when took over management position - Applicant increased fees when took over new position - Continued to invoice respondent - New employment agreement which was ambiguous as to status never entered into - Authority's findings may have differed if agreement entered into - New manager had concerns about applicant's ability - Informed contractual arrangements ended - No evidence of change in relationship throughout work period - Applicant in business on own account - Filed GST returns and calculated business income and expenditure accordingly - Expressed preference for contractor status - Independent contractor - Authority lacked jurisdiction to address unjustified dismissal claim |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695;Koia v Carlyon Holdings Ltd [2001] ERNZ 585 |
| Number of Pages | 7 |
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