Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 204/09
Hearing date 16 Jun 2009
Determination date 24 June 2009
Member L Robinson
Representation K McDowell ; no appearance
Location Auckland
Parties McDowell v Graffiti Security Systems Ltd
Summary JURISDICTION – No appearance for respondent - Whether employee or independent contractor – Applicant claimed respondent offered full-time employment, annual salary, commission on sales, and reimbursement of work expenses – No written employment agreement concluded and no salary received – Payment for applicant’s work and expenses done by invoices sent to respondent – Authority found insufficient control and integration for applicant to be employee – Found payment arrangement consistent with contractor and applicant fundamentally a person in business on own account – No jurisdiction - Marketing Manager
Result Application dismissed ; No order for costs
Main Category Jurisdiction
Number of Pages 4
PDF File Link: aa 204_09.pdf [pdf 15 KB]