| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 204/05 |
| Hearing date | 26 Apr 2005 |
| Determination date | 31 May 2005 |
| Member | D King |
| Representation | J Shadbolt ; C Blake |
| Location | Auckland |
| Parties | Bell v JHL Paint Management Services Ltd |
| Summary | JURISDICTION - Whether independent contractor or employee - Independent contractor relationship at outset - Relationship labelled as being labour only" contractor - Applicant submitted invoices, was GST registered and had withholding tax deducted - Respondent supplied tools and work vehicle, paid for petrol and provided accommodation allowance - Work pattern differed to employees - Not supervised by foreman - Given list of jobs to do but could determine when were done and had right to refuse work - No change in employment status - Were discussions over signing employment agreement - Offer made but not accepted - Offering agreement did not make applicant employee - Independent contractor" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 204_05.pdf [pdf 13 KB] |