| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 321/10 |
| Hearing date | 9 Jul 2010 |
| Determination date | 12 July 2010 |
| Member | R Arthur |
| Representation | T Neill (in person) ; S Franklin |
| Location | Auckland |
| Parties | Neill v Noord And Anor |
| Other Parties | M & S Noord Contracting Ltd |
| Summary | JURISDICTION – PRACTICE AND PROCEDURE – Respondent claimed applicant independent contractor – Respondent claimed if employee, applicant employed by respondent company not respondent personally – Applicant claimed raised possibility of working on contract basis – Respondent claimed thought agreement formed as had no problem with applicant working on contract agreement – Applicant claimed dismissed by not being called for work and following telephone conversation with respondent – Respondent claimed applicant independent contractor and no longer wanted work offered and failed to send invoice for hours worked – Authority found applicant employee – Found parties open to independent contractor arrangement – Found applicant proposed arrangement to respondent but no acceptance ever communicated to applicant – Applicant worked under control of respondent – Found no particular industry practice – Found applicant brought no plant to business and did not have prospect of profiting from working faster or more efficiently – Found existence of company never communicated to applicant – Found applicant saw signage referring to respondent company on tractor – Respondent acknowledged could not tell from signage whether business owned by individual, partnership or company – Found company undisclosed principal and applicant entitled to proceed against respondent personally or respondent company – Parties directed to mediation – Tractor driver |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Bryson v Three Foot Six Limited [2003] ERNZ 581;Cowan v Baggstrom unreported, Shaw J, 13 July 1999, WC 39/99;Poulter v Antipodean Growers Limited [2010] NZEMPC 77 |
| Number of Pages | 8 |
| PDF File Link: | aa 321_10.pdf [pdf 28 KB] |