| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 54/08 |
| Hearing date | 12 Feb 2008 |
| Determination date | 02 May 2008 |
| Member | H Doyle |
| Representation | I Grant ; D Rhodes |
| Location | Queenstown |
| Parties | Evans v Gibbston Valley Wines Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - No written agreement - Relationship began as one of employment - During employment applicant incorporated own company and approached respondent about becoming contractor - Began invoicing respondent in name of company - Applicant subsequently advised services no longer required and given one month’s paid notice - Applicant gave careful consideration to structure of relationship before requested change - Parties intended relationship to change to contract for services - Independent contractor - No jurisdiction - Assistant/trainee winemaker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1)(a);ERA s6(2);ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] NZSC 34;Davis v CanWest RadioWorks Ltd unreported, Travis J,11 September 2007, AC 21A/07;Massey v. Crown Life Insurance Co [1978] 2 All ER 576;Telecom South v Post Office Union [1992] 1 ERNZ |
| Number of Pages | 9 |
| PDF File Link: | ca 54_08.pdf [pdf 42 KB] |