| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108/09 |
| Determination date | 21 July 2009 |
| Member | J Crichton |
| Representation | C Newcombe, R Jamieson (Applicants in person) ; G Carson |
| Location | Christchurch;Gore |
| Parties | Newcombe and Anor v Summit Systems New Zealand Ltd |
| Other Parties | Jamieson |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicants claimed disadvantaged by unjustifiable actions of employer – Respondent argued applicants not employees and barred from bringing grievance - Applicants signed agreements which expressed relationship as contractual – Respondent encouraged applicants to seek legal advice before signing agreements – Authority found respondent engaged parties on contractual basis for proper purposes – Found other people performing similar work to applicants also engaged on contractual basis – Applicants participated in training course on registration for GST and potential benefits of self employment – Respondent attempted to control expenditure by reducing hours and some work – Authority found did not indicate relationship of employment – Applicants not integrated into respondent’s management chain – Authority found applicants working on own account – Applicants paid against claim sheets for hours completed – Applicants worked unsupervised – Applicants not paid holiday pay or sick pay and could have worked for others if chose to – No employment relationship – Application dismissed – Respondent directed to pursue grievances in another forum |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Statutes | s6 – ERA s6(2) - ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 6 |
| PDF File Link: | ca 108_09.pdf [pdf 25 KB] |