| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28/05 |
| Hearing date | 22 Oct 2004 |
| Determination date | 28 January 2005 |
| Member | Y S Oldfield |
| Representation | A Sharp ; E Davies |
| Location | Auckland |
| Parties | Mori v Auckland Philharmonia Society (Inc) |
| Summary | JURISDICTION - Whether independent contractor or employee – No predominant practice in industry (NZ Orchestras) – Applicant’s tax arrangements were those normally associated with contract for services and she paid ACC levy as would self-employed person – Indicative of applicant’s intention to be treated as contractor at least for tax purposes – Applicant invoiced respondent for years until received advice from infoline that employees not required to invoice – Manner in which applicant performed work and way parties’ relationship conducted finely balanced between whether contract of services or for services - Intention of parties for many years until recently demonstrated clear intention that agreement contract for services – Respondent’s description of Orchestra as collective of self-employed musicians good description of real nature – Not an employee – No jurisdiction - Principal flautist |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s6 |
| Cases Cited | Three Foot Six Ltd v Bryson [2004] 2 ERNZ 97 |
| Number of Pages | 7 |
| PDF File Link: | aa 28_05.pdf [pdf 46 KB] |