| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 155/05 |
| Hearing date | 9 Sep 2005 |
| Determination date | 29 November 2005 |
| Member | J Crichton |
| Representation | S Adamek (in person), J Morrison (in person) ; J Coburn (in person) |
| Location | Christchurch |
| Parties | Adamek and Anor v Coburn |
| Other Parties | Morrison |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicants claimed respondent owed them arrears of wages - Respondent alleged was no employment relationship - Respondent alleged she sought to contract a couple who could take principal responsibility for backpacker facility at complex she was developing - Applicants were to receive 50 percent of net takings of backpacker units and could live on premises - Evidence strongly suggested commercial arrangement - Alleged food and petrol allowance payment did not connote employment relationship - Later respondent made payments to applicants against invoices for gardening and secretarial work - On balance of probabilities respondent decided to pay retainer to help applicants' financial situation - Did not change fundamental nature of relationship - No employment relationship - COSTS - Both parties appeared in person and accordingly costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s6 |
| Number of Pages | 5 |
| PDF File Link: | ca 155_05.pdf [pdf 29 KB] |