| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/06 |
| Hearing date | 11 Sep 2006 |
| Determination date | 03 October 2006 |
| Member | D King |
| Representation | R Ingram ; T Beach |
| Location | Auckland |
| Parties | Crawford v M Torok Holdings Ltd t/a The Sharing Shed |
| Summary | JURISDICTION - Whether employee or independent contractor - Agreement between parties stated relationship not one of employment - Income commission based although applicant sometimes received daily rate - Measure of control in terms of hours significant - Staff could not take leave as pleased and were reprimanded for lateness or failure to ring in sick - Applicant could not assign her rights and Authority doubtful respondent would have permitted her to arrange replacement without first checking person suitable - Applicant could not set prices so unable to control income - Applicant had to comply with respondent's policies and procedures and attend review meetings if required - Applicant an employee - Hairdresser |
| Result | Application granted ; Costs reserved |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581 (EC);Bryson v Three Foot Six Ltd [2005] 1 ERNZ 372 ; [2005] 3 NZLR 721 ; [2005] NZSC;34 (SC) |
| Number of Pages | 4 |
| PDF File Link: | aa 309_06.pdf [pdf 34 KB] |