| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 315/05 |
| Hearing date | 14 Dec 2004 |
| Determination date | 18 August 2005 |
| Member | Y S Oldfield |
| Representation | R Harrison ; S Menzies |
| Location | Auckland |
| Parties | Downey v New Zealand Greyhound Racing Association Inc |
| Summary | JURISDICTION - Whether employee or independent contractor - Contract labelled applicant as independent contractor - Several features of relationship inconclusive - Degree of flexibility in hours worked - Some equipment provided by applicant - Operated from home office but had use of Steward's room at track - In performance of duties was subject to respondent's rules - Indemnified by respondent - However, taxed as contractor and received fixed fee - Practice in industry changed to became common to have employment relationships - Finely balanced - Intention of parties deciding factor - Contract for services - Stipendiary Steward |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd and Ors (2005) 28 TCL 23/1 |
| Number of Pages | 5 |
| PDF File Link: | aa 315_05.pdf [pdf 32 KB] |