| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 136/10 |
| Hearing date | 27 May 2010 |
| Determination date | 29 June 2010 |
| Member | H Doyle |
| Representation | S McAuslin ; N Brown |
| Location | Christchurch |
| Parties | Keach v Brown & Son Construction Ltd formerly Otago Building Services Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant offered and accepted contract for services with respondent - No written contract - Applicant generally advised or usually knew where expected to work each day - Applicant had some flexibility as could leave building site to undertake other tasks - Applicant initially used some of own tools but subsequently tools and equipment provided by respondent - Applicant also provided with van and cell phone - When applicant concerned about loss of income during respondent’s shut down over Christmas respondent’s director negotiated work for applicant with another building firm - Authority found intention of parties for applicant to be independent contractor - However, found applicant subject to element of control - Found applicant integrated into respondent - Found applicant not registered for GST - Found applicant submitted timesheets not invoices - Found applicant did not employ other people - Found no evidence applicant engaged in any other significant work or was aware could do so - Found was respondent that negotiated work for applicant over Christmas shut down with other building firm - Found applicant not in business on own account - Authority did not hear any evidence as to practice of engaging builders labourers as contractors so no assistance from industry practice - Found real nature of relationship that of employment - Applicant employee - Builders Labourer |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd and Ors [2005] 1 ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 7 |
| PDF File Link: | ca 136_10.pdf [pdf 27 KB] |