| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 73/07 |
| Hearing date | 13 March 2007 |
| Determination date | 04 July 2007 |
| Member | P Cheyne |
| Representation | D Beck ; C Hogg |
| Location | Christchurch |
| Parties | Saleh v Encos Global Systems Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor – Applicant initially engaged as contractor and invoiced respondent through his company – Applicant claimed subsequently offered full time employment by director – However, respondent provided copy of email from general manager inviting applicant to sign employment agreement – Applicant’s response made it clear parties' relationship was through his company, not employment, and assured respondent operating own business and did not want to change – Evidence applicant not asked to commit all time to respondent accepted and applicant did other work – Applicant provided with contractor agreement but did not sign it as accountant advised him would be to his advantage “if things got messy” – Some measure of integration – Applicant enjoyed significant degree of flexibility over how worked – Treated money received from respondent as income from operation of business – Applicant intended contractor relationship and common intention arose after email exchange with respondent – Just to determine applicant never engaged as employee – Independent contractor – No jurisdiction – Claim and counterclaim dismissed - PRACTICE AND PROCEDURE – After investigation meeting, applicant alleged respondent altered emails provided as evidence to Authority – Authority unconvinced anything sinister in differences between printed emails – Not probable respondent tampered with emails as alleged - Order prohibiting publication of respondent’s commercial information disclosed during investigation – Creative director |
| Result | Application dismissed ; Counterclaim dismissed ; Orders accordingly : Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Massey v Crown Life Insurance Co [1978] 1 WLR 676; [1978] 2 All ER 576;Telecom South v Post Office Union [1992] 1 ERNZ 711 |
| Number of Pages | 11 |
| PDF File Link: | ca 73_07.pdf [pdf 38 KB] |