| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 145/07 |
| Hearing date | 17 Apr 2007 |
| Determination date | 15 May 2007 |
| Member | R A Monaghan |
| Representation | M O'Brien ; T Kurta |
| Location | Auckland |
| Parties | Carruthers v Milano International (NZ) Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Nothing to suggest parties turned mind to question of status, although likely respondent assumed contracting relationship - Applicant engaged as manager and to set up new sales system - Applicant had use of company vehicle, phone and office with set hours of work - Many of applicant's activities and way presented himself to third parties consistent with employment relationship - However, did not exclude possibility of contracting relationship - Payment by way of retainer and commission on submission of invoices from applicant's company - Significant applicant derived income directly from his company, not respondent - Applicant could not disavow implications of approach - Arrangement of affairs provided advantages not available if employee and continued for several years without challenge - Respondent exercised degree of control over applicant's activities, although nature of position meant had some autonomy - Attainment of skills and seniority very reason applicant able to offer services to others in way consistent with other activities - Independent contractor - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(3)(a) |
| Cases Cited | Bryson v Three Foot Six (No 2) [2005] ERNZ 372 |
| Number of Pages | 6 |
| PDF File Link: | aa 145_07.pdf [pdf 35 KB] |