Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 80/03
Hearing date 10 Jul 2003
Determination date 18 July 2003
Member H Doyle
Representation D Larose (In person) ; M Ginn
Location Christchurch
Parties Larose v Cornerstone International Ltd
Summary JURISDICTION - Whether employee or independent contractor - Position advertised as contract position - Applicant lived at respondent's directors house - Payment in cash and tradecard dollars - Payment at end of each job/project - Applicant responsible for tax payments - Encouraged to look for other design work - Able to work independently with some control over ordering material and employing others without prior approval - Liable for loss if job unsatisfactory - Did not provide own equipment - Tradecard dollars paid were marked D Larose (Staff)" - Weighing factors indicated independent contractor - Authority lacked jurisdiction to consider claim for payment of monies"
Result Application dismissed ; No order for costs
Statutes ERA s6
Number of Pages 4
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