The Employment Relations Authority held that the claimant was not an employee but an independent contractor.

The ERA held that the claimant worked as a labourer for the respondent company and found that he was an independent contractor as he worked for the company only when work was available and was otherwise welcome to find work elsewhere. The claimant was also responsible for paying his own tax, and supplied his own tools when working for the company.

The ERA found that because he was not provided with a written contract or agreement but instead recorded what hours he worked in his own invoice book, that he was not entitled to arrears of wages and holiday pay as he was not an employee.