| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 60/05 |
| Hearing date | 11 Mar 2005 |
| Determination date | 27 April 2005 |
| Member | H Doyle |
| Representation | PC Butler ; J Gibbs |
| Location | Christchurch |
| Parties | Thackwell v Toll NZ Consolidated Ltd (formerly Tranzrail Ltd) t/a Tranzlink Christchurch |
| Summary | JURISDICTION - Whether employee or independent contractor - No written agreement - Respondent did not intend to enter into employment agreement with applicant - Meeting between parties was to assess applicant's suitability to become owner driver for particular run - Conduct between parties after meeting capable of supporting view that it was possible applicant would become owner driver after assessing run - After assessing run applicant told respondent he wanted to be employee rather than owner driver - Applicant was independent contractor - Non-publication order in respect of name of particular person and respondent's commercially sensitive cost margins - Driver |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s102;ERA s103 |
| Number of Pages | 7 |
| PDF File Link: | ca 60_05.pdf [pdf 34 KB] |