| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 142/07 |
| Determination date | 19 October 2007 |
| Member | P R Stapp |
| Representation | M Williams ; M Wenley |
| Location | Wellington |
| Parties | Daley v Tremain Real Estate Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant approached to fill position of sales manager for respondent's real estate business - Applicant claimed promised employment - Applicant commenced selling real estate to get to know area, staff and business - Claimed respondent reneged on deal to employ him in managerial role and offered sales role instead - Dismissed later that year - Respondent relied on contract engaging applicant as sales person and independent contractor under Real Estate Agents Act 1951 - Not plausible applicant promised employment and engaged in interim arrangement - Contractor's agreement comprehensive and managing director continued to act as sales manager until recruited right person - Applicant continued to sell real estate and raised no dispute when someone else engaged in position he claimed was promised to him - Other submissions relied on by applicant ambiguous and not enough to override parties' signed contract - Applicant independent contractor - No jurisdiction - Real estate agent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;Real Estate Agents Act 1976 s51A |
| Number of Pages | 4 |
| PDF File Link: | wa 142_07.pdf [pdf 20 KB] |