| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308/10 |
| Hearing date | 20 Oct 2009 |
| Determination date | 30 June 2010 |
| Member | A Dumbleton |
| Representation | H Fulton ; SJ Neville |
| Location | Auckland |
| Parties | Bell-Booth v Wingate + Farquhar Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant signed agreement with respondent as contractor – Agreement provided remuneration by fee excluding GST – Agreement provided remuneration paid following receipt of invoice – Agreement provided contractor responsible for payment of income tax, GST and ACC levies – Agreement made no provision for annual holidays, statutory public holidays, sick leave or personal grievance or dispute resolution procedures – Authority found applicant aware from beginning of employment relationship of benefits of being contractor – Found applicant treated as contractor subject to PAYE – Found applicant accepted offer to become independent contractor having taken professional advice – Found parties intended applicant to be contractor – Found applicant had considerable degree of autonomy in work – Found applicant had no obligation to train or supervise staff or bring in new clients – Found applicant not investor and did not stand to gain by increasing effort – Found employment relationship contract for services – Architect |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] 3 NZLR 721;Poulter v Antipodean Growers Ltd [2010] NZEMPC 77 |
| Number of Pages | 11 |
| PDF File Link: | aa 308_10.pdf [pdf 34 KB] |