| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 382/06 |
| Hearing date | 15 Nov 2006 |
| Determination date | 20 December 2006 |
| Member | K Raureti |
| Representation | K Anderson ; no appearance |
| Location | Auckland |
| Parties | Berghan v Canterbury International Institute Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - No appearance by respondent, although did provide some evidence to Authority - No dispute applicant previously engaged by respondent as contractor - Negotiations for last engagement led applicant to draw up contract for service between his company and respondent - Applicant claimed significant change to duties and role - Alleged thought of himself as employee but respondent required him to be paid through company - Submitted unheard of in education industry for principal to be anything but employee - Respondent alleged during period in question applicant carried on other business - Applicant a businessman and drew up contract from relatively equal bargaining position - Parameters applicant had to work within consistent with sound business practice and did not translate into control - Not unheard of to have private training establishments run by management structure or director - Industry practice did not assist applicant - Independent contractor - No jurisdiction - Principal |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s6;ERA s6(2);ERA s6(3);ERA Second Schedule cl12 |
| Number of Pages | 7 |
| PDF File Link: | aa 382_06.pdf [pdf 48 KB] |