| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 224/03 |
| Hearing date | 20 Jun 2003 |
| Determination date | 25 July 2003 |
| Member | K Raureti |
| Representation | A Russell ; P Tremewan |
| Location | Auckland |
| Parties | Gillespie v Data Group Ltd |
| Summary | JURISDICTION - Whether independent contractor or employee - Applicant shareholder in respondent - Applicant held various senior positions - Numerous written references indicated employee status - Applicant invoiced respondent, was responsible for own tax, and had outstanding expense claims of thousands of dollars - Intended relationship contract of employment - Applicant had control over some aspects of business but not others - Was an integral part of operation - Not in business on own account - Employee - Systems representative/manager/chief executive officer |
| Result | Application granted ; 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;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 |
| Number of Pages | 7 |
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