| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 159/07 |
| Hearing date | 4 Apr 2007 |
| Determination date | 25 May 2007 |
| Member | J Wilson |
| Representation | D Wang (in person) ; S Langton |
| Location | Auckland |
| Parties | Wang v Horton Media Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant previously employed by respondent - Sought re-employment after left to work for competitor - Given circumstances of departure, respondent reluctant to re-employ applicant but agreed to retain her as independent contractor in limited role - Applicant formed company and it entered into contract with respondent - Parties intended contractor relationship - Only control was requirement to act as exclusive agent when selling printing services - Applicant spent relatively small part of her time acting for respondent and not integrated with its business - Applicant in business for herself - Independent contractor - No jurisdiction - Sales agent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581 |
| Number of Pages | 5 |
| PDF File Link: | aa 159_07.pdf [pdf 29 KB] |