| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 154/05 |
| Hearing date | 5 Apr 2005 |
| Determination date | 29 April 2005 |
| Member | R A Monaghan |
| Representation | J Dale ; G Finnigan |
| Location | Auckland |
| Parties | Senice v R Savory Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - No written agreement - Applicant paid weekly on invoice with 20 percent withholding tax deducted from payment - Weekly hours of work varied widely - Applicant had number of absences but was not disciplined and did not claim sick leave or annual leave - Provided own set of basic carpenter's tools and safety boots - Used larger power tools and specialist tools provided by respondent - Oversight necessary on building site but it did not go beyond providing co-ordination to become direct supervision over way work carried out - Independent contractor - Builder |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 154_05.pdf [pdf 14 KB] |