| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 62/05 |
| Hearing date | 4 Aug 2004 |
| Determination date | 17 February 2005 |
| Member | K J Anderson |
| Representation | M Ryan ; S Cummings |
| Location | Auckland |
| Parties | Jameson v Barrage Publications Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant engaged for fixed term to obtain advertising for annual publication - Letter of engagement specified applicant self-employed and weekly payments advance on advertising commission - Alleged comments by applicant that as contractor she could do as she liked" - Applicant alleged letter of engagement fabricated - Letter of engagement authentic and received and agreed to by applicant - Parties intended applicant to be independent contractor - Payments not salary but advances on anticipated commissions - Real nature of relationship contract for services - Applicant independent contractor - No jurisdiction - Advertising salesperson" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(2);ERA s6(3) |
| Number of Pages | 5 |
| PDF File Link: | aa 62_05.pdf [pdf 32 KB] |