| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 499/05 |
| Hearing date | 10 Nov 2005 |
| Determination date | 23 December 2005 |
| Member | R A Monaghan |
| Representation | C Hansen (Applicant in person) ; R Iyer |
| Location | Auckland |
| Parties | Hansen v Case Boreham Associates Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Parties signed two agreements - First headed individual employment agreement" but referred throughout to "the contractor" - Second headed "independent contractor agreement (individual)" and required contractor to perform duties through limited liability company and submit invoice for fees - Respondent facilitated applicant's registration of company - Mutual intention of parties was to enter into independent contractor arrangement - Applicant alleged in reality relationship conducted as if it were one of employment particularly with respect to degree of control exercised over way he did his work - Commencement of applicant's engagement corresponded with period immediately prior to commencement of new set of courses - Reasonable in circumstances of extra work that applicant needed full-time - Serious problem of low enrolments arose - Addressing this problem probably accounted for great deal of time commitment by applicant and attempt at supervision of applicant by respondent that followed - In less then six weeks parties called end of relationship due to acrimony - Relationship did not last long enough to enable proper assessment - Not appropriate to assess true nature of relationship on basis of how parties dealt with particular problem since circumstances out of the ordinary - Parties' relationship one of principal and contractor - Course manager" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 499_05.pdf [pdf 39 KB] |