| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62/05 |
| Hearing date | 7 Apr 2005 |
| Determination date | 21 April 2005 |
| Member | P R Stapp |
| Representation | F Collins ; G Ogilvie |
| Location | Wellington |
| Parties | Sealey v Shaw Budgeting and Finance Company Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Contract for services between applicant and respondent involving applicant's company until company struck off - New contract negotiated - Stated was contract for services - Similar to previous contract except new provision for sick, bereavement and annual leave - Applicant required to work set hours at respondent's premises and additional hours if required - Required to follow chain of command and cover reception duties as needed - Life insurance cover taken out on applicant to protect respondent - Paid salary - Opportunity to profit by mark-ups on goods purchased for work done for respondent - Responsible for own tax arrangements - Invoiced respondent for initial months of new contract - Not GST registered and no business expense deductions made since beginning of new contract - Relationship did not change substantially after company struck off and new contract signed - Degree of control and supervision consistent with employee but other factors indicating independent contractor - Balance tipped by parties' intention to contract for services - Messy trading arrangements did not deflect from applicant being in business on own account - Applicant independent contractor - No jurisdiction - Information technology systems and marketing manager |
| Result | Question answered in favour of respondent ; Costs reserved |
| Statutes | ERA s6 |
| Number of Pages | 5 |
| PDF File Link: | wa 62_05.pdf [pdf 43 KB] |