| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 90/06 |
| Hearing date | 11 May 2006 |
| Determination date | 20 June 2006 |
| Member | H Doyle |
| Representation | K Maley (in person) ; D Thomson |
| Location | Christchurch |
| Parties | Maley v Thomson and Anor |
| Other Parties | Thomson |
| Summary | JURISDICTION - Whether employee or independent contractor - No written agreement - Applicant previously engaged by respondent as sub contractor - Issue of control fairly evenly balanced - Applicant's work accessory to business not integrated into it - Factors in fundamental test more consistent with employment relationship than person in business on own account - Industry practice considered - Real nature of relationship finely balanced - Factors indicative of independent contractor slightly outweighed factors indicative of employment relationship - No jurisdiction - Forestry worker |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s6(2);ERA s6(3);ERA s6(5) |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581;Bryson v Three Foot Six Ltd [2005] 3 NZLR 721;Ferguson v Sounds of Forest Ltd [2006] ERNZ 343 |
| Number of Pages | 6 |
| PDF File Link: | ca 90_06.pdf [pdf 29 KB] |