| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209/09 |
| Hearing date | 8 Apr 2009 |
| Determination date | 26 June 2009 |
| Member | V Campbell |
| Representation | D Hayes ; M Robson |
| Location | Hamilton |
| Parties | Hunapo v Garin Family Trust |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed employee and unjustifiably dismissed – Respondent claimed applicant contractor and breached contractual obligations – Applicant worked regular hours – Applicant required to report to respondent at beginning and end of shift - Payment by invoices and applicant responsible for tax and GST obligations – Authority found written agreement identified relationship as contractor however applicant did not sign agreement – Found intention of parties applicant be contractor because applicant intended partner and son to assist in work – Found reporting requirement not supervisory but to inform applicant of issues affecting security – Found payment arrangement consistent with contracting of services – Found no evidence whether applicant on business on their own – Found applicant contractor – No jurisdiction – Security Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six [2003] 1 ERNZ 581 (EC);Bryson v Three Foot Six [2005] NZLR 461 (SC);Curlew v Harvey Norman Stores (NZ) Pty Ltd [2002] 1 ERNZ 114;Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Tse v Cieffe (NZ) Limited, unreported, Shaw J, 6 April 2009, WC4/09 |
| Number of Pages | 4 |
| PDF File Link: | aa 209_09.pdf [pdf 20 KB] |