| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/01 |
| Determination date | 04 December 2001 |
| Member | J Wilson |
| Representation | C Patterson ; J Latimer |
| Location | Auckland |
| Parties | Curlew v Harvey Norman Stores (NZ) Pty. Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or contractor of respondent - Entered into consulting contract whereby applicant was proprietor of computer department in respondent's store - Consulting contract terminated - Alleged employee of respondent and dismissal unjustified - Intended to enter into contract for services - Whether in business on own account - Determined staff numbers, recruitment and training - Made decision on stock to be purchased - Had freedom to use own lay out of computer department - Able to profit from sound management - In business on own account - Real nature of relationship was that of contractor and principal - No jurisdiction to determine matter - Department proprietor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6;ERA s6(2);ERA s6(3) |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 |
| Number of Pages | 6 |
| PDF File Link: | aa 210_01.pdf [pdf 38 KB] |