| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 242/05 |
| Hearing date | 14 Sep 2004 |
| Determination date | 04 July 2005 |
| Member | M Urlich |
| Representation | B Spong ; R Hucker |
| Location | Auckland |
| Parties | Sullivan v Eagle Print Ltd |
| Summary | JURISDICTION - Whether independent contractor or employee - No written agreement - Applicant, trading under another name, contracted to respondent to provide accounting software support services and print brokering services - While managing director of respondent on leave, applicant agreed to increase her duties temporarily - Increased duties involved applicant being at work during business hours and attending meetings - Integration and control tests weighed in applicant's favour during that period but standing back from period and looking at relationship as a whole, satisfied applicant in business on her own account throughout engagement with respondent - Discussions about applicant becoming employee not concluded and no employment agreement entered into |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(3) |
| Cases Cited | Three Foot Six Ltd v Bryson [2004] 2 ERNZ 97 |
| Number of Pages | 5 |
| PDF File Link: | aa 242_05.pdf [pdf 30 KB] |