| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49/06 |
| Hearing date | 7 Feb 2006 |
| Determination date | 22 February 2006 |
| Member | V Campbell |
| Representation | JD King (in person) ; M O'Brien |
| Location | Auckland |
| Parties | King v Drake Personnel (New Zealand) Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant alleged holiday pay outstanding - Change in status - Applicant engaged by temp agency to provide valuation services to client - Two weeks into employment relationship applicant approached respondent to change status from employee to independent contractor - No written agreement - Only written document indicating status of relationship was form completed by applicant changing status to GST self-employed - No terms or conditions applicable after request to change status indicative of employment relationship - Applicant intended to be independent contractor and respondent agreed - Respondent did not control applicant while he was assigned to client - Arguable applicant's work integral to respondent's business but not a decisive factor - Applicant was in business on his own account and derived a benefit not generally available to employees, indicative of independent contractor - Not uncommon in temping industry to employ both employees and contractors, not a decisive factor - Independent contractor - No jurisdiction - Valuer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Limited [2003] 1 ERNZ 581;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114 |
| Number of Pages | 6 |
| PDF File Link: | aa 49_06.pdf [pdf 24 KB] |