| Summary |
JURISDICTION - Whether employee or independent contractor - Position advertisement sought contractor and subsequent information provided to applicant stated would own business and be self employed - Applicant initially saw himself as self employed, although claimed had no idea what that meant - Felt situation changed as became involved in range of duties allegedly wider than agreement - Written agreement contained mix of features commonly associated with both types of arrangement - Intention of parties critical - Respondent's intention clearly and consistently expressed - Applicant learned respondent desired contract of service before formal offer made and participated in active negotiations - Assertion did not understand self employed" not credible - At time agreement entered into, both parties understood and intended applicant would be self employed - Authority not convinced real nature of relationship changed so much in practice that it became one of employment - Additional work taken on by applicant had potential to benefit him as well as respondent - Also to his benefit that respondent paid more business expenses than originally agreed - Independent contractor - No jurisdiction - Sales manager" |