| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 199/10 |
| Hearing date | 19 Oct 2010 |
| Determination date | 21 October 2010 |
| Member | M B Loftus |
| Representation | A Mason (in person) ; F Kidd (in person) |
| Location | Invercargill |
| Parties | Mason v Kidd |
| Summary | JURISDICTION – ARREARS OF WAGES – Whether employee or independent contractor – Applicant claimed employed by respondent for 9 week period but engagement terminated after 3 weeks – Respondent accepted arrangement terminated after 3 weeks but argued applicant self employed contractor and engagement not for fixed term – Respondent ran farming business engaging fluctuating staff numbers – Respondent engaged applicant when previous assistant manager (“M”) left country and return date uncertain – Respondent argued told applicant’s role temporary to cover M’s absence until M returned or another replacement found – Respondent argued raised understanding that applicant primarily self employed fencing contractor and GST registered – Authority found applicant contractor not employee running legitimate GST registered business – Found no jurisdiction to address substantive grievance |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Number of Pages | 4 |
| PDF File Link: | ca 199_10.pdf [pdf 19 KB] |