| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 358/09 |
| Hearing date | 25 Aug 2009 |
| Determination date | 09 October 2009 |
| Member | D King |
| Representation | A Yang (Applicant in person) ; J Wickes |
| Location | Auckland |
| Parties | Yang v L E Builders Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant signed tax code declaration for independent contractor – Advertisement for applicant’s position did not state contractor or employee – Hours of work contingent on number of projects – Applicant supplied some tools and respondent supplied others – Applicant paid on hourly basis and did not submit invoices – No employment agreement signed – No ACC deductions made – No Kiwi Saver payments made – No holiday pay paid – Industry practice was for contract work – Authority found applicant labour-only contractor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(2) |
| Cases Cited | Bell v JHL Paint Management Services Ltd unreported, D King, 31 May 2005, AA 204/05;Cardy Business Ltd v Bizaoui unreported, Colgan J, 24 March 2005, AC 16/05;Maley v Thomson unreported, H Doyle, 20 June 2006, CA 90/06;Taylor v Superior Building Systems Ltd unreported, Goddard CJ, 27 August 1998, AC 67/98 |
| Number of Pages | 3 |
| PDF File Link: | aa 358_09.pdf [pdf 17 KB] |