| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 185/02 |
| Hearing date | 14 Jun 2002 |
| Determination date | 18 June 2002 |
| Member | R A Monaghan |
| Representation | G Denholm ; S Jackson |
| Location | Auckland |
| Parties | McDonald v Raukura Haurora O Tainui |
| Summary | JURISDICTION - Personal grievance claims - Whether employee or independent contractor - Initially hired as consultant - Letter sent to all affected staff that consultant arrangements terminated as of certain date - Applicant ceased to be contractor on that date - Whether reappointed as employee - No evidence that applicant in business for himself - Consultant status did not continue despite no agreement reached on new level of remuneration - Mutual intention that arrangement one of employment - Duties carried out regardless of dispute concerning remuneration - Employment relationship existed - Referred to mediation on substantive issues - Manager |
| Result | Application granted ; Orders accordingly ; Referred to mediation ; Costs reserved |
| Statutes | ERA s6(2);ERA s6(3);ERA s161(2) |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |