| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/07 |
| Hearing date | 4 Apr 2007 |
| Determination date | 15 June 2007 |
| Member | V Campbell |
| Representation | D Goode ; C Rangeley |
| Location | Auckland |
| Parties | Goode v Turnstone Technologies Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Direction to mediation withdrawn as apparent would not be constructive - Respondent granted leave to respond - Applicant began as employee - Subsequently approached by respondent about becoming contractor - Applicant claimed did not agree to change - More likely than not, while no firm agreement reached on detail, foundations of change agreed - Applicant received final pay slip from respondent and copy of terms and conditions applicable to new status - Began submitting invoices - Applicant did not appear kind of person who would simply start proffering invoices and not question final payment of holiday pay if truly believed relationship had not changed - Parties intended relationship status to change - Applicant subject to little control by applicant, able to profit from work and engage with other businesses - Contractors not uncommon in IT industry - Independent contractor - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2);ERA s6(3);ERA s6(3)(a);ERA s103A |
| Cases Cited | Bryson v Three Foot Six [2003] 1 ERNZ 581 (EC);Bryson v Three Foot Six [2005] 3 NZLR 729 (SC);Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Koia v Carlyon Holdings Ltd [2001] 1 ERNZ 585;Smith v Practical Plastics Ltd [1998] 1 ERNZ 323 |
| Number of Pages | 6 |
| PDF File Link: | aa 177_07.pdf [pdf 42 KB] |