| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 509 |
| Hearing date | 17 Nov 2011 |
| Determination date | 30 November 2011 |
| Member | J Crichton |
| Representation | B Edwards ; L Warren |
| Location | Auckland |
| Parties | Marolda v Virtual Infrastructure Professionals NZ Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Respondent employed two other employees at same time as applicant – Common ground relationship between parties initially one of employment – Respondent always intended to recruit employees rather than independent contractors – Applicant claimed respondent sought to engage applicant on temporary basis as independent contractor because applicant’s details had not been lodged on respondent’s accounting system – Applicant claimed respondent sought to have temporary independent contractor relationship so could easily dispose of applicant from organisation – Applicant claimed reason advanced for arrangement was because respondent had cash flow problems – Respondent claimed applicant suggested independent contractor arrangement – Parties agreed relationship between parties did not materially change after agreement reached – Authority preferred respondent’s evidence that applicant initiated change to relationship – Found more likely than not applicant suggested change to independent contractor and did so for own reasons – Found applicant could not seek protection of employment jurisdiction when initiated change – Found real nature of relationship not one of employment – Found applicant chose to perform services on own account – Found applicant was independent contractor not employee |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_509.pdf [pdf 26 KB] |