| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 68/09 |
| Hearing date | 28 Apr 2009 |
| Determination date | 27 May 2009 |
| Member | G J Wood |
| Representation | N Dunning ; S Fairclough |
| Location | Wellington |
| Parties | Singh v Eric James & Associates Ltd |
| Summary | JURISDICTION – Applicant claimed an employee and entered contract of service with respondent – Alternatively when elevated from sales to managerial position became employee – Respondent argued never employed applicant under contract of service – Industry practice that commission sales persons not employees – Applicant claimed took little notice of contract offered – Authority found contract such that reader knew it would be contract for services – Found contract contained many provisions inconsistent with employment agreement – Applicant resigned following problems with respondent – Authority rejected applicant’s argument that had no choice but to sign contract – Found applicant chose to sign contract with no duress or undue influence – Found intention of parties was for contract for services – Found element of control increased when applicant became manager, however overall respondent had minimal control over applicant – Found several factors minimised applicant’s integration with respondent – Found integration test favoured respondent – Found up to applicant how much was earned – Found applicant fundamentally in business on own account throughout duration of relationship with respondent – Applicant a contractor – Sales adviser/Area manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA part 6 |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372;Cardy Business Ltd v Bizaoui unreported, Colgan J, 24 March 2005, AC 16/05 |
| Number of Pages | 8 |
| PDF File Link: | wa 68_09.pdf [pdf 31 KB] |