Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 108/02
Determination date 17 April 2002
Member WRC Gardiner
Representation M Ball ; S Joshi
Location Auckland
Parties Naram v SPS Coatings Ltd & Total Coating Solutions Ltd
Summary JURISDICTION - Arrears of wages - Whether employee or independent contractor - Lack of documentary evidence to determine relationship - Little or no control exercised - No fixed reporting arrangement - Paid by base rate regulated by commission - Supplied own vehicle - Purchased some stock on clients behalf - Controlled own hours - Independent contractor - COSTS - Litigant in person - Could not be said to have incurred costs - Paint salesperson
Result Application dismissed ; Costs to lie where they fall
Statutes ERA s6
Cases Cited Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 3 ERNZ 736
Number of Pages 5
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