| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 338/06 |
| Hearing date | 3 Nov 2006 |
| Determination date | 03 November 2006 |
| Member | Y S Oldfield |
| Representation | J Anderson (in person) ; C Bradley |
| Location | Auckland |
| Parties | Anderson v Canwest Radioworks Ltd |
| Summary | APPLICATION FOR DECLARATION OF EMPLOYMENT STATUS – Whether employee or independent contractor - ACC sought to recover levies from applicant on basis he was self employed - Applicant disputed was self employed and sought declaration was employee - Respondent had supported applicant's application for work permit - Work permits required for employment, not if setting up business - Written agreement described applicant as independent contractor - Terms of agreement consistent with employment relationship - Applicant fully integrated into respondent's organisation - Respondent of view applicant employed pursuant to contract of service and wrote letter to ACC stating applicant employee - Notwithstanding label, real nature of relationship one of employment - Applicant not to bear tax responsibilities of self employed person in relation to work performed for respondent |
| Result | Declaration accordingly ; No order for costs |
| Number of Pages | 2 |
| PDF File Link: | aa 338_06.pdf [pdf 17 KB] |