| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 362/05 |
| Hearing date | 18 Jul 2005 |
| Determination date | 15 September 2005 |
| Member | A Dumbleton |
| Representation | C Philpott (in person), N Philpott (in person) ; S Russell |
| Location | Auckland |
| Parties | Philpott and Anor v Feral Strategies Ltd |
| Other Parties | Philpott |
| Summary | JURISDICTION - Whether independent contractor or employee - Applicants carried out pest control work for respondent - That one applicant filled out IRD form for contractors not given much weight since unlikely he understood difference between employees and contractors given his young age - Respondent exercised virtually no control over applicants in work they did - Applicants were integrated into respondent's business, but that was inevitable given small size of respondent's business - Fundamental test pointed to existence of independent contractor relationship - Could profit by working harder and smarter - Applicants not employees |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s6(2);ERA s6(3) |
| Cases Cited | Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114 |
| Number of Pages | 4 |
| PDF File Link: | aa 362_05.pdf [pdf 24 KB] |