| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 367/07 |
| Hearing date | 22 May 2007 |
| Determination date | 23 November 2007 |
| Member | L Robinson |
| Representation | M Ryan ; M Nutsford |
| Location | Auckland |
| Parties | Zaicek v Circle Financial Management Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant conceded engagement began as contracting relationship - Common intention applicant be contractor - Significant control and integration characteristic of employment and initially no evidence applicant in business on her own account - However, situation changed when applicant formed own company and submitted invoices in its name - By performance, contract came about between respondent and applicant’s company and applicant no longer had direct contractual relationship with respondent - Applicant not terminated as independent contractor or as employee as had no relationship with respondent - In addition, company evidence applicant in business on own account - Independent contractor - Application dismissed - Authority declined to investigate counterclaim as not properly raised - Sales |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 10 |
| PDF File Link: | aa 367_07.pdf [pdf 45 KB] |