| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 133 |
| Hearing date | 10 Mar 2011 |
| Determination date | 05 April 2011 |
| Member | K J Anderson |
| Representation | C Sanders (in person) ; no appearance |
| Location | Auckland |
| Parties | Sanders v Pulp Media Ltd (in liquidation) |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed not in employment relationship with applicant – Applicant claimed no discussion about whether employee or independent contractor – Applicant claimed did not provide invoices for payment or provide own materials – Authority found respondent intended that applicant be independent contractor due to heading and content of agreement – Found evidence about whether applicant signed agreement inconclusive – Found applicant had considerable autonomy in role but did not have freedom to pursue other business interests – Found applicant largely integrated into business – Found applicant bound by restraint of trade – Found overall circumstances pointed to applicant being employee – Found no evidence applicant provided services on own account – Found applicant did not receive any other income and unable to increase income by extending skills into other business avenues – Found applicant not in business on own account – Found applicant employee not independent contractor – Editor |
| Result | Application granted ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(3)(b) |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] ERNZ 372 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_133.pdf [pdf 31 KB] |