| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 131/06 |
| Hearing date | 27 Mar 2006 |
| Determination date | 19 April 2006 |
| Member | R A Monaghan |
| Representation | S Henderson ; G Swanepoel |
| Location | Auckland |
| Parties | Mackie v Raymond Realty Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant worked for respondent for several months as employee – Respondent proposed change to independent contractor status – Agreement signed to that effect – Whether agreement should be set aside due to duress or undue influence – Likely applicant signed agreement because happy with possibility of access to increased income – No threats or pressure – Careful explanation of agreement – Given time to consider position and obtain legal advice – Signed agreement without informing respondent no advice received – Request that applicant return agreement as soon as possible not “pressure” except in most innocent sense – In all circumstances no duress or undue influence - Agreement not to be set aside – Applicant deemed independent contractor by Real Estate Agents Act 1976 s51A – No jurisdiction to investigate claim of unjustified dismissal – Real estate agent |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6;ERA s6(4);Real Estate Agents Act 1976 s51A;Real Estate Agents Act 1976 s51A(5) |
| Cases Cited | Eketone v Alliance Textiles (NZ) Limited [1993] 2 ERNZ 783;Pharmacy Care Systems Limited v Attorney-General unreported, McGrath, Hammond, O’Regan JJ, 16 August 2004, CA 198/03;R v Her Majesty’s Attorney-General for England and Wales [2004] 2 NZLR 577 |
| Number of Pages | 4 |
| PDF File Link: | aa 131_06.pdf [pdf 27 KB] |