Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 70/05
Hearing date 27 Apr 2005
Determination date 17 May 2005
Member P Montgomery
Representation D Burton ; A Russell
Location Christchurch
Parties Marshall v Hansen & Berry Ltd
Summary JURISDICTION - Whether employee or independent contractor - Change in status - Applicant asked to be paid on commission - Downturn in sales - Respondent agreed to pay 1/12th of her average commission calculated over the preceding years sales - Commission not paid - Applicant in business on own account, could deploy her time as she saw fit, and after the change in status was not integrated into the respondent's business - Applicant sole trader in business on own account - No jurisdiction - COSTS - Costs in favour of respondent $1,200 - Sales representative
Result Application dismissed ; Costs in favour of respondent ($1,200)
Number of Pages 3
PDF File Link: ca 70_05.pdf [pdf 17 KB]