| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 12/08 |
| Hearing date | 9 Oct 2007 |
| Determination date | 17 January 2008 |
| Member | D King |
| Representation | P Stevenson ; M Smyth |
| Location | Auckland |
| Parties | Bambury v Elation Ltd t/a Komodo Premium Bar |
| Summary | JURISDICTION - Identity of respondent - First respondent correct party to proceedings - Whether employee or independent contractor - Parties began relationship with signed employment agreement, although number of its provisions never carried out - Agreement drawn up by applicant’s solicitor and respondent required to sign it without opportunity to seek advice - No discussion about employment status - Agreement not taken as indicative of parties’ intentions - Respondent considered applicant contractor like previous managers - Remuneration linked directly to success of bar and applicant had discretion to run it as saw fit - No fixed hours and able to take on other work - Although respondent later registered for PAYE and taxed applicant’s pay accordingly, no evidence actual nature of relationship changed - No employment relationship - Bar manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(3);ERA s65 |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] 1 ERNZ 581 |
| Number of Pages | 8 |
| PDF File Link: | aa 12_08.pdf [pdf 28 KB] |