Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 118/05
Determination date 04 April 2005
Member L Robinson
Representation AM de Aquino (in person), Dr I King ; M Edwards, M Russell
Location Auckland
Parties De Aquino v Zimmerman and Anor
Other Parties TF Dental Ltd
Summary JURISDICTION - Whether employee or independent contractor - Applicant had contractual arrangement with first respondent personally - Intention that applicant to be contractor plain from references to contractor" and "commissioned agent" and deletion of entitlements to statutory holidays and annual leave - Applicant supplied some of her own instruments - Invoiced second respondent for "hygiene services" and was registered for GST - Exerted own control over appointments and was simultaneously variously engaged at two other dental surgeries - Independent contractor - Authority unable to assist applicant with problem - Dental hygienist"
Result Application dismissed ; Costs reserved
Statutes ERA s6
Number of Pages 3
PDF File Link: aa 118_05.pdf [pdf 16 KB]