TNT Worldwide Express (NZ) Ltd v Cunningham - [1993] 3 NZLR 681

Contract — Interpretation — Written employment contract with owner-driver — Whether owner-driver an employee or an independent contractor — Whether contract one of service or a contract for services — Effect of written contract — Weight to be attached to employer's requirement that drivers obtain goods service licences and insurance — Relevance of factor of control of contractors — Application of personal grievance provisions of Employment Contracts Act 1991, Part III.

Industrial law — Employment contract — Written contract with owner-driver — Whether owner-driver an employee or an independent contractor — Whether contract one of service or a contract for services — Effect of written contract — Weight to be attached to employer's requirement that drivers obtain goods service licences and insurance — Relevance of factor of control of contractors — Application of personal grievance provisions of Employment Contracts Act 1991, Part III.