| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 240/04 |
| Hearing date | 15 Jun 2004 |
| Determination date | 27 July 2004 |
| Member | D King |
| Representation | G Norton ; C Chilwell |
| Location | Auckland |
| Parties | Staines v Barfoot & Thompson Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Engaged as contractor - Applicant alleged position changed such that became employee - New duties - Received additional $2,000 per month - Stated that existing contract still applied - Whether two separate positions - Applicant held one job - Section 51A Real Estate Agents Act 1976 - Agreement reached that relationship independent contractor - If wrong would examine role in light of Employment Relations Act 2000 tests - Independent contractor - Commercial Leasing Manager/Leasing agent |
| Result | Question answered ; Costs reserved |
| Statutes | ERA s6(2);ERA s6(3);ERA s6(4);Real Estate Agents Act 1976 s51A |
| Cases Cited | Merrett v Boulcott Investments Group Ltd unreported, PR Stapp, 18 September 2002, WA 91/02;Terrey v Wrightson Ltd unreported, P Stapp, 4 December 2002, WA 125/02 |
| Number of Pages | 3 |
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