| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 119/07 |
| Hearing date | 8 May 2007 - 18 Jul 2007 (2 days) |
| Determination date | 27 August 2007 |
| Member | P R Stapp |
| Representation | T petherick ; C Goode |
| Location | Napier |
| Parties | Cadman v Napier Girls High School Board of Trustees |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant commenced work as contractor - Submitted invoices and withholding tax deducted - At some point applicant advised had been moved onto payroll and subject to PAYE - However, respondent continued to deduct withholding tax and applicant not paid in same manner as other employees - Conversation might have been significant but parties could not discover who made change - No record of important change in relationship other that about tax - Tax change suspect because of dispute over who made change and what deduction actually was - Applicant's role and regularity of attendance made it entirely reasonable for him to use workshop and be on phone list - Applicant subject to some control and integration, but free to put total hours on invoice without providing further details - Nothing to prevent applicant taking time off if needed - No paid holidays - Even though applicant became integrated and familiar in work place, control, and evidence surrounding purported change in status, tilted balance in favour of contractual arrangement - Control and integration outweighed by payment methods - Applicant independent contractor - No jurisdiction - Maintenance worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581;Bryson v Three Foot Six Ltd [2005] NZSC 34 ; [2005] 1 ERNZ 372 ; [2005] 3 NZLR 721;Muollo v Rotaru [1995] 2 ERNZ 414 |
| Number of Pages | 10 |
| PDF File Link: | wa 119_07.pdf [pdf 45 KB] |