| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 296/06 |
| Hearing date | 8 Aug 2006 - 22 Aug 2006 (3 days) |
| Determination date | 18 September 2006 |
| Member | M Urlich |
| Representation | R Ingram ; A Vlatkovich |
| Location | Auckland |
| Parties | Cheer c SCS Contractors Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Dispute over which advertisement applicant responded to - Only one sought contractor - No evidence parties discussed issue at interview - Engagement started with training period - Respondent maintained close level of control over applicant - Respondent's requirement that requisites for setting up as a contractor be fulfilled after training period pointed to relationship, at least during that phase, being contract of service - Conduct, documentation, direction of training and equipment applicant trained on, and approval process for invoice met common law tests for contract of service - Employee - Parties directed to mediation - Spouting installer |
| Result | Application granted ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Limited [2005] 2 NZELR 137 |
| Number of Pages | 3 |
| PDF File Link: | aa 296_06.pdf [pdf 26 KB] |