| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 116/02 |
| Determination date | 24 April 2002 |
| Member | R A Monaghan |
| Representation | Burchell in person ; No appearance ; D Wilson |
| Location | Auckland |
| Parties | Burchell v The Protector Electronic Protection Ltd |
| Other Parties | Wilson Investments Ltd, Wilson |
| Summary | JURISDICTION - Whether employee or independent contractor - Claims dismissed against first and third respondents as no contractual arrangements with those parties - Advised during initial presentation of job that salespeople were to be independent contractors - Work offered as independent contractor - Real nature of relationship - Second respondent ceased trading on completion of applicant's training course - No evidence of how parties' relationship operated in practice - Degree of control - Potential to carry out unrelated economic activities - No termination if sales targets not met - Accepted work as independent contractor until dispute arose - No employment relationship - Salesperson |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s6 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |