| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 125 |
| Hearing date | 24 Feb 2011 |
| Determination date | 30 March 2011 |
| Member | R A Monaghan |
| Representation | N Pollett (in person) ; D Pine |
| Location | Auckland |
| Parties | Pollett v Browns Real Estate Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed parties not in employment relationship – Applicant’s engagement described as independent contractor, not employee in both first and second agreements – Real Estate Agents Act 2008 stated written agreement conclusive of relationship between parties – Applicant’s status as contractor to continue until altered by agreement – Applicant claimed misled into believing was employee – Authority found pre-contractual discussions did not indicate applicant would be employee – Found some subject lines of communications referred to employment and others referred to contract – Found applicant undertook real estate salesperson’s course as commitment to opportunity arisen with respondent – Found activity not carried out pursuant to any existing employment agreement – Found no work had commenced – Found parties merely discussed agreement – Found no backdated offer and acceptance of work – Found parties agreed to enter into legal relationship – Found no discussion about nature of relationship – Found nothing to suggest parties believed addressed employment relationship – Found respondent thought offered applicant employment as independent contractor – Found respondent used term ‘employment agreement’ in wider sense and merely meant that written agreement would be made available – Found no employment relationship between parties – Found applicant was independent contractor not employee – Real Estate Agent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s4;ERA s4(2);ERA s5;ERA s6;ERA s6(1)(b)(ii);Real Estate Agents Act 2008 s51;Real Estate Agents Act s51(2);Real Estate Agents Act 2008 s167;Real Estate Agents Act 1976 s51A;Real Estate Agents Act 1976 s51A(1)(b) |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_125.pdf [pdf 36 KB] |