| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 36/01 |
| Determination date | 24 April 2001 |
| Member | R A Monaghan |
| Representation | J Down ; P Wicks |
| Location | Auckland |
| Parties | Koia v Carlyon Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Distribution contract - Jurisdiction - Whether employee or independent contractor - Provided own vehicle - Purchased product for distribution off respondent - No power to set price - Contract terminated by respondent - Obligation to seek respondent's consent before transferring distributorship - Unsuccessfully advertised distributorship - Declined extension of notice - Lost opportunity to sell business - Existence of element of control by respondent not sufficient to characterise arrangement as one of employer and employee - No employment relationship therefore no jurisdiction - Distributor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | TNT Express Worldwide (NZ) Ltd v Cunningham [1993] 1 ERNZ 965 |
| Number of Pages | 4 |
| PDF File Link: | aa 36_01.pdf [pdf 23 KB] |