Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 179/07
Hearing date 15 Jun 2007
Determination date 15 June 2007
Member D King
Representation M Hollands (in person) ; no appearance
Location Auckland
Parties Hollands v Jam Marketing Pty Ltd
Summary JURISDICTION - Whether employee or independent contractor - No appearance for respondent - Respondent claimed applicant asked to be contractor - No employment agreement - Sole document produced had Contractor" handwritten at top of employee information sheet - Other factors pointed towards contract of service - Applicant had to work set hours and had no control over client base - Received fixed weekly pay plus commission - No invoices submitted or expenses claimed - Worked solely from respondent's premises and did not supply own tools - Under control of respondent who provided training - No intention to enter contract for services - Applicant employee"
Result Application granted ; Costs reserved
Main Category Jurisdiction
Number of Pages 2
PDF File Link: aa 179_07.pdf [pdf 13 KB]