| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 111/04 |
| Hearing date | 5 Jul 2004 |
| Determination date | 03 September 2004 |
| Member | H Doyle |
| Representation | K Owen ; P James |
| Location | Christchurch |
| Parties | Noonan v Ray White Commercial Christchurch |
| Summary | UNJUSTIFIED DISMISSAL - JURISDICTION - Whether independent contractor or employee - Employed as personal assistant with intention of becoming commission sales agent - Paid base rate plus possibility of 10 percent commission - Applicant attended sales and GST courses - Real nature of relationship - Employment agreement and surrounding correspondence favoured contractor status - Significant level of control favoured employee status - Taxation status favoured contract for services - Equipment arrangements favoured contract of service - Real nature of relationship was employee - Not in business on own account as respondent had not processed certificate of approval - Unable to sell properties without certificate - Earnings dependent on sales by partner of respondent - Argument with managing partner - Dismissed at insistence of managing partner - Dismissal unjustified - Personal assistant |
| Result | Application granted ; Reimbursement of lost wages ($4,768.88)(8 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s6;ERA s6(2);ERA s6(3);Real Estate Agents Act 1976 s42 |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585 |
| Number of Pages | 8 |
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