| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 189A/01 |
| Determination date | 19 November 2001 |
| Member | D King |
| Representation | Holmes in person ; C Wright |
| Location | Auckland |
| Parties | Holmes v Telecom New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to strike out proceedings - Dispute over non-payment of invoices - Jurisdiction - Matter concurrently dealt with by arbitration - Undue delay in progress of proceedings - Whether employee or independent contractor - Paid for own training and use of facilities - Did not apply for sick leave or annual leave - True nature of relationship not that of employer/employee - No jurisdiction - Appropriate that proceedings struck out - Business sales agent |
| Result | Application to strike out granted ; Costs reserved |
| Statutes | Arbitration Act 1996;ERA s6(2);ERA s6(3) |
| Cases Cited | Bank voor Handel en Scheepvast v Slatford [1952] 2 All ER 956;Challenge Realty Ltd v Commissioner of Inland Revenue [1990] 3 NZLR 42;Cunningham v TNT Express Worldwide (New Zealand) Ltd [1993] 1 ERNZ 695;Enterprise Cars Limited v CIR (1988) 2 NZELC 96,331;Ready Mix Concrete (South East) Ltd v Minister of Pensions & National Insurance [1968] 1 All ER 433;Roche v Urgent Medical Services Homecare Ltd [1995] 2 ERNZ 159 |
| Number of Pages | 6 |
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