| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 211/01 |
| Determination date | 04 December 2001 |
| Member | J Wilson |
| Representation | P Wicks ; A Vlatkovich |
| Location | Auckland |
| Parties | Myers v Trends Publishing (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether employee or independent contractor - Intention of parties relevant to real nature of relationship but not determinative - No close control over day to day activities - Income reduced for days not actively working on respondent's business - Level of control amounted to employer-employee relationship - Fundamental test - Whether in business on own account - No financial investment - Could increase financial reward by own efforts but akin to salesperson working on commission - Applicant was an employee - Directed to mediation to resolve substantive claim of constructive dismissal - Sales person |
| Result | Application granted ; Orders accordingly ; Referred to mediation ; 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: | PDF file not available for download, please contact us to request a copy. |