| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 336/04 |
| Hearing date | 23 Sep 2004 |
| Determination date | 18 October 2004 |
| Member | V Campbell |
| Representation | CR Creed (in person) ; BG Hong |
| Location | Auckland |
| Parties | Creed and Anor v Poliken Equities Ltd |
| Other Parties | McLue |
| Summary | JURISDICTION - Whether employee or independent contractor - No written agreement - Applicants agreed to renovate building owned by respondent - Claimed arrears of wages - Respondent alleged applicants independent contractors - Little or no control exercised over applicants as to hours worked or how tasks undertaken - Free to engage and pay for services of others to assist in work - Work undertaken not integral part of respondent's business - Respondent provided materials for work but applicants provided most tools - Applicants not employees |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(2) |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 (PC);Stevenson, Jordan & Harrison v McDonald and Evans [1952] 1 TLR 101 |
| Number of Pages | 5 |
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