| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 167/05 |
| Hearing date | 6 Dec 2005 |
| Determination date | 21 December 2005 |
| Member | P Cheyne |
| Representation | R Brott (applicant in person) ; C Nickalls |
| Location | Christchurch |
| Parties | Brott v Green Contracting & Hire Ltd |
| Summary | JURISDICTION - Initially no employment agreement - Applicant fully integrated into business - Respondent provided most machinery though applicant provided various handtools - Work done controlled by respondent - Applicant paid hourly or piece rate - Filled out daily time sheet - Applicant on several occasions made himself unavailable without objection from respondent - Applicant claimed expenses on tax return as if own business - Applicant applied for certificate of exemption from withholding tax from IRD but declined since applicant undischarged bankrupt - Applicant had to apply to High Court and in doing so deposed he was establishing business as self-employed contractor to respondent - When written agreement entered into stated relationship was one of principal and contractor - Not employment relationship - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6(1)(a) |
| Cases Cited | Bryson v Three Foot Six Ltd and Ors [2005] 3 NZLR 721 |
| Number of Pages | 3 |
| PDF File Link: | ca 167_05.pdf [pdf 18 KB] |