| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 12 |
| Hearing date | 20 Jul 2010 |
| Determination date | 21 January 2011 |
| Member | M B Loftus |
| Representation | G Burness ; I Lillie |
| Location | Christchurch |
| Parties | Frazer v JHL Paint Management Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent effected by removal of work vehicle used to perform duties – Respondent claimed applicant engaged as independent contractor – Respondent claimed applicant brought relationship to end as stopped accepting work – Applicant initially offered work for three months – Applicant did not work regular hours or days – Applicant disappointed with amount of work offered and tensions arose – Applicant claimed hours never discussed but thought guarantee of 40 hours per week given – Dispute arose as to payment for public holidays – Parties attempted to organise meetings to discuss employment but failed – Applicant claimed did not receive any further jobs from respondent – Authority found applicant not contractor – Found applicant treated as employee for tax, superannuation and paid for statutory holidays – Found if applicant not initially employee, applicant became one – Found no guarantee of ongoing permanent work – Found employment arrangement casual – Found dismissal not effected by removal of vehicle – Found vehicle returned to Christchurch airport and available to be picked up – Found applicant did not end relationship by not accepting offers of work – Found relationship suffered unfortunate and negative turn – Found casual employed ceased at end of each engagement and in absence of promise of re-engagement – No dismissal – Contractor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Christchurch_12.pdf [pdf 32 KB] |