| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 458/05 |
| Hearing date | 22 Nov 2005 |
| Determination date | 30 November 2005 |
| Member | Y S Oldfield |
| Representation | M Ryan ; S Henderson |
| Location | Auckland |
| Parties | Clark v Northland Hunt Inc |
| Summary | JURISDICTION - Whether employee or independent contractor - Respondent a not-for-profit organisation which organised sport of hunting with hounds - Applicant was respondent's only paid worker - Parties' contract stated applicant independent contractor - Applicant required year round to reside on and maintain respondent's property and look after hound pack kennelled there - Required to provide feed for hounds at own expense but reimbursed by respondent for veterinary bills and registration - During hunting season required to select hound pack for each of about 40 hunts, transport animals to hunt location, and manage them during course of hunt - Responsible for providing and maintaining vehicle but reimbursed for fuel costs - Required to keep and supply at least two suitable horses for hunt - Required to carry Huntsman's regalia supplied by respondent - Annual retainer of $20,000 per year with free accommodation in house on respondent's property and full use of property - Free to run stock or horses on land or lease grazing to farmers - Applicant GST registered and claimed GST on certain expenses - Required to turn up in person on hunt days but could delegate daily care of hounds to others - Industry practice of little relevance - Very little structure for applicant to be integrated into - Applicant accountable to Master of the Hunt in overall sense but received little or no supervision in performance of work - In claiming GST on expenses of Huntsman's role, applicant behaved as if he was in business on his own account - Real nature of relationship between parties closer to contract for services - No jurisdiction - Huntsman |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| Number of Pages | 5 |
| PDF File Link: | aa 458_05.pdf [pdf 30 KB] |