| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 124/09 |
| Determination date | 05 August 2009 |
| Member | J Crichton |
| Representation | W Shearer (Applicant in person) ; T Tabak |
| Location | Christchurch |
| Parties | Shearer v Jardin Nous Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed owed unpaid money totalling $2,400 – Payment of money infrequent – Respondent provided work opportunities for applicant but applicant worked independently – Authority found applicant not controlled by respondent – Applicant travelled to work sites independently – Applicant set own hours – Found applicant in business on own account – Applicant filed invoices paid by respondent – Respondent took no tax and made no arrangements in respect of ACC levies – Found contractual relationship made clear to applicant – No payment of holiday pay or sick pay – No prohibition on applicant working for somebody else as well as respondent – No employment relationship – Found respondent owed money to applicant – Found $550 already paid - Found respondent unable to pay due to cashflow problems – Authority urged respondent to deal with matter promptly - Gardener |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(3) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] 3 NZLR 721 |
| Number of Pages | 5 |
| PDF File Link: | ca 124_09.pdf [pdf 22 KB] |