| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 297/03 |
| Hearing date | 27 Aug 2003 |
| Determination date | 07 October 2003 |
| Member | K Raureti |
| Representation | J O'Connell ; G Shanahan |
| Location | Auckland |
| Parties | Smith v Klein Medical Ltd |
| Summary | PRACTICE AND PROCEDURE - Unjustified dismissal - Identity of employer - Whether employed by company or managing director - Confidentiality agreement referred to parties as company and applicant - Company was proper respondent - JURISDICTION - Whether employee or independent contractor - Real nature of relationship - Referred to in written documents as contractor - Arranged own hours - Invoiced respondent by way of GST registered invoices - Contract rate for completion of project - Minimal degree of control exercised over applicant - Not integral part of respondent - Independent contractor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6;ERA s6(2);ERA s6(3) |
| 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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