| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 224/09 |
| Hearing date | 20 Apr 2009 |
| Determination date | 08 July 2009 |
| Member | A Dumbleton |
| Representation | MB Kelly (in person) ; R Alchin |
| Location | Auckland |
| Parties | Kelly and Anor v Lodge at 199 Ltd |
| Other Parties | McGill |
| Summary | JURISDICTION – Whether employee or independent contractor – No appearance for second applicant – Applicants claimed respondents failed to pay salary, holiday pay, and allowances – Authority found nothing intrinsically about applicant’s work that determined nature of relationship – Applicants entered into joint venture with respondent’s owners (“W”) – W argued relationship with applicants as joint venturers and not employment relationship – Authority found applicants expectation of remuneration not based on existence of employment relationship – Found changing basis on which remuneration paid did not by itself establish employment relationship – Found applicants throughout relationship speculated upon equity growing from work put in to yield return from profits – Found applicants used very high degree of control in performing work – Found applicants closely integrated into business as unit in business on own account rather than individuals providing service – Found applicants had no legal entitlement to wages as employees – No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 |
| Number of Pages | 9 |
| PDF File Link: | aa 224_09.pdf [pdf 31 KB] |