| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 142 |
| Hearing date | 25 Jan 2011 |
| Determination date | 07 April 2011 |
| Member | J Wilson |
| Representation | M Nutsford ; A Rowe |
| Location | Auckland |
| Parties | Hall v Remuera Barber Shop |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant not employee but engaged on contract for services – Respondent claimed contract not terminated and no work available on days applicant wished to work – Applicant’s hours reduced and eventually applicant informed no more work available – Respondent claimed engaged applicant as independent contractor on “as required basis” – Respondent claimed applicant would provide own tools, be responsible for own tax and be paid at completion of each day worked – Respondent claimed applicant aware of and happy with arrangement – Authority found intention of parties fundamentally at odds – Respondent claimed barbers usually engaged as independent contractors – Found no predominant industry practice – Found applicant expected to adhere to standard normally expected of employee – Respondent claimed applicant came and went as pleased and cancelled at short notice – Found control aspects of applicant’s engagement – Found applicant entered arrangement in expectation taxation arrangements would be beneficial – Found applicant free to accept work as suited – Found no suggestion applicant restrained from seeking engagement on days not engaged at respondent – Found applicant free agent – Found applicant independent contractor not employee - Barber |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6(2) |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] ERNZ 581;Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_142.pdf [pdf 20 KB] |