| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 343/04 |
| Hearing date | 30 Mar 2004 - 16 Jul 2004 (3 days) |
| Determination date | 26 October 2004 |
| Member | K Raureti |
| Representation | M Ryan ; R Chan |
| Location | Auckland |
| Parties | Evan v Chief Executive of the Department of Corrections |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant alleged unjustified dismissal - Respondent alleged applicant independent contractor providing prison inmate counselling services under consultancy agreement - Intention of parties was for contract for services as evidenced in written agreements - Applicant GST registered and submitted regular tax invoices - Large amount of autonomy except for restrictions in respect of security relating to access to prison and access to inmates - Continued private practice while with respondent - Not an employee - No jurisdiction - Prison inmate counsellor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(2);ERA s6(3) |
| Cases Cited | Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695 (CA);Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 (PC) |
| Number of Pages | 5 |
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