| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 348/09 |
| Hearing date | 31 Aug 2009 |
| Determination date | 29 September 2009 |
| Member | R A Monaghan |
| Representation | M Poulter (in person) ; H Wendelborn |
| Location | Auckland |
| Parties | Poulter v Antipodean Growers Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed engagement with respondent developed into employment relationship – Respondent argued no employment relationship – Respondent developed land by building glasshouse for growing flowers at advice of applicant – As project developed, applicant devoted own time to project – Applicant terminated other business arrangements – Parties made no permanent arrangements as applicant believed involvement temporary until project established – Respondent registered company (“AGL”) and gave applicant company chequebook for business costs – Parties’ engagement continued for next 3 years however no formal written agreement made – Parties orally agreed on remuneration level for applicant’s services – Applicant filed tax returns as self-employed individual – AGL subsequently ceased trading – Authority found parties’ engagement did not develop into employment relationship – Found applicant made decision to devote time primarily to AGL for 13 years – Found applicant operated AGL on daily basis with high degree of independence – Found applicant made decision to not pursue other business activities – Found applicant did not have overall financial control of business – Found applicant did not insistent on right as employee to receive remuneration owed – Found fact applicant lent money to AGL inconsistent with being employee – Found applicant did not wish to be employee but remained self-employed, as shown by IRD tax returns – Applicant independent contractor - No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Limited [2005] ERNZ 372;McGreal v Television New Zealand Ltd unreported, Perkins J, 1 Nov 2006, AC 3/07 |
| Number of Pages | 7 |
| PDF File Link: | aa 348_09.pdf [pdf 27 KB] |