| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 158/04 |
| Hearing date | 8 Apr 2004 |
| Determination date | 03 May 2004 |
| Member | R A Monaghan |
| Representation | JB Kalume (In person) v Momentum Management Ltd |
| Location | Auckland |
| Parties | Kalume v Momentum Management Ltd |
| Summary | JURISDICTION - Whether independent contractor or employee - Application for arrears of wages - Respondent argued applicant an independent contractor - Guaranteed income of $200 a day for first 6 months - Alleged employee for first 6 months - Unsigned contract set out applicant's obligations to provide own vehicle and complete licensing, insurance and GST requirements - Made clear in oral discussions that independent contractor - Control by respondent in respect of hours of work, uniform, standards of behaviour - Control did not exceed that necessary for efficient and profitable business being run by independent contractor - Retention by applicant of major proportion of any payment for goodwill - Applicant obliged to find suitable replacement at own cost - Independent contractor - No jurisdiction - Courier |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585 |
| Number of Pages | 5 |
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