| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 42/01 |
| Determination date | 09 May 2001 |
| Member | D King |
| Representation | A Lubbe ; DG Smith |
| Location | Auckland |
| Parties | Byrne v Endeavour Solutions Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No mediation - Unable to issue determination - RESTRAINT OF TRADE - No mediation - Unable to issue determination - JURISDICTION - Whether employee or contractor - Reluctantly signed a contract for services - Intention of contractor relationship - Respondent exercised control over manner of working - Continuous performance monitoring - Could not delegate work without consent - Dependent on respondent for volume of work - Integrated into the company - Income dependent on work assigned by respondent - True nature of relationship was employee - Consultant |
| Result | Application granted ; Parties referred to mediation ; Costs reserved |
| Statutes | ERA s6(2);ERA s164 |
| Cases Cited | Challenge Realty Ltd v Commissioner of Inland Revenue [1990] 3 NZLR 42;Market Investigations Ltd v Ministry of Social Security [1969] 2 QB 173;McMullin Holdings Ltd v Auckland Clerical Workers Union [1969] NZLR 530;Ministry of Transport v Tito [1992] 1 ERNZ 433;Stevenson, Jordan & Harrison v McDonald and Evans [1952] 1 TLR 101 |
| Number of Pages | 7 |
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