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Davis v Canwest Radioworks Ltd
10 Aug 2006, RA Monaghan, AA 263/06, (5 pages)
JURISDICTION - Whether employee or independent contractor - Written agreement relevant - Stated contract for services between respondent and Large Productions Ltd ("LP") - Applicant a party to contract as employee of LP - Applicant also LP's sole director and majority shareholder - Applicant engaged to provide cover for radio hosts on casual basis - Invoicing, tax, indemnity, hours and exclusivity provisions consistent with true nature of relationship being principal and contractor - Most remaining provisions neutral as to nature of relationship - At most provisions relating to termination for misconduct might arguably suggest degree of control more usually associated with employment relationship - Applicant accepted initially relationship one of principal and contractor - Claimed nature of relationship changed began full time work with respondent - Authority did not accept that, without more, applicant's accumulation of slots to point where arguably achieved full time hours meant became employee - Way in which applicant accumulated slots consistent with position as casual host, although obtained increased amount of work - Applicant knew drive time slot temporary but did not believe it made difference as there was ongoing work at station - Programme director denied offering full time work to applicant - Cumulatively slots did not have characteristics of full time permanent arrangement - Authority did not accept sufficient to change essential nature of agreement with respondent - No indication control by respondent changed in material way when applicant gave up other work - Authority did not believe radio station's wish to exercise some quality control over broadcasts necessarily indicated employment relationship - Did not accept that encouraging host to associate name with network or station or encouraging participation in marketing necessarily meant host integrated into station's business - Business of LP maintained during and after 2005 - Indicated applicant integrated into business of LP not respondent - Independent contractor - No jurisdiction - Radio host
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