| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 228/07 |
| Hearing date | 14 Mar 2007 |
| Determination date | 01 August 2007 |
| Member | L Robinson |
| Representation | J Matich (in person) ; R Harrison |
| Location | Auckland |
| Parties | Matich v Fairfax New Zealand Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant claimed unjustifiably dismissed - Applicant previously had contract for services with former owners of publication - When respondent took over publication entered into independent contracting agreement - Before agreement signed respondent indicated preferred to have employment relationship - Applicant considered it but declined - Applicant claimed never worked from home, had use of company car, and given directions by respondent - Denied free to sell advertising to other publications - Authority found applicant sold advertising on commission basis - Applicant had no set hours, no direction on job performance, and was free to work from home - Respondent did not provide any tools of the trade or equipment - Parties intended that applicant be independent contractor - Not degree of control that typically characterised employment - Applicant not integral part of respondent's business - Applicant bore business risk as if sold no advertising would not get paid - Applicant operated from basis of own business operation and in business on own account - Applicant independent contractor - No jurisdiction - Sales representative |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 5 |
| PDF File Link: | aa 228_07.pdf [pdf 22 KB] |