| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 151/05 |
| Hearing date | 12 Oct 2005 |
| Determination date | 25 November 2005 |
| Member | H Doyle |
| Representation | B Climo ; ADM Gallagher |
| Location | Christchurch |
| Parties | Beck v Edge Real Estate Ltd |
| Summary | JURISDICTION - Whether employee or commercial arrangement between parties - Fixed term agreement - Applicant advised that office was to close - Letter setting out terms of agreement stated was no employment relationship - Day to day running of office left largely to applicant - Was provided with office and desk but provided own vehicle and cell phone - Applicant generally worked from 8.30am until about 5pm but was controlled by demands of staff - Parties had turned their minds to nature of relationship following discussions over several weeks - Unlike applicant in Bryson v Three Foot Six (cited below) applicant in present case had carefully considered engagement with respondent - Agreement that applicant's company to provide management services and applicant to be branch manager - Considering letter in terms of negotiations, independent advice from each party's accountant and inconsistency of proposed scheme for payment with employment relationship, satisfied nature of relationship intended by both parties was other than employment relationship - Parties intended relationship to be other than employment relationship - Though some terminology used by parties was ambiguous, not a case where terminology helped in determining real nature of employment relationship - Applicant exercised considerable degree of control - Was ability to profit from increased sales and continuation of respondent's operation in Nelson - Though some employment indicia, real nature was intended to be and was other than an employment relationship - No jurisdiction - Branch manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(1);ERA s6(2);Real Estate Agents Act 1976 |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581;Bryson v Three Foot Six Ltd and Ors [2005] 3 NZLR 721;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Telecom South v Post Office Union [1992] 1 ERNZ 711 (CA) |
| Number of Pages | 7 |
| PDF File Link: | ca 151_05.pdf [pdf 39 KB] |