| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 459/05 |
| Hearing date | 17 Oct 2005 |
| Determination date | 01 December 2005 |
| Member | D King |
| Representation | M Harvey ; J Latimer |
| Location | Auckland |
| Parties | Calman v The London Shed Company Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant contracted with respondent to work for 25 hours per week as DJ and promotions and events organiser for $50,000 per annum - Applicant then alleged he became general manager - Alleged he became employee because he was taking over another employee's position - Respondent denied he became general manager and alleged he was duty manager for one night a week for $15 per hour plus GST - Respondent wrote letter to applicant's bank stating applicant was employee for purpose of obtaining mortgage - Foolish for respondent to agree to write letter that misrepresented facts - Applicant did not take up position of general manager - No attempt made to vary what parties understood to be contracting nature of existing work - Applicant free to come and go as he pleased apart from when he needed to carry out DJ and duty manager duties - Not integral part of business apart from duty manager duties, as events and promotion work ancillary - Applicant had own company, paid own tax, deducted expenses and paid own ACC levies - Provided services on his own account - Independent contractor - DJ |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(3);ERA s6(3)(a) |
| Cases Cited | Bank voor Handel en Scheepvaart NV v Slatford (No 2) [1953] 1 QB 248 ; [1952] 2 All ER 956 ; [1952] 2 TLR 861;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 ; [1990] 2 WLR 1173 ; [1990] ICR 409;Market Investigations Ltd v Minister of Social Security [1969] 2 QB 173 ; [1969] 2 WLR 1 ; [1968] 3 All ER 732;Stevenson Jordan & Harrison v McDonnell & Evans [1952] 1 TLR 101 ; (1952) 69 RPC 10;TNT Worldwide Express (NZ) Ltd v Cunningham [1993] 3 NZLR 681 ; [1993] 1 ERNZ 695 |
| Number of Pages | 4 |
| PDF File Link: | aa 459_05.pdf [pdf 23 KB] |