... of work, whether instructions are received on a day-to-day basis and whether the individual is required to wear a uniform. The higher the degree of control the employer has over the individual, the stronger the likelihood the individual is in fact an employee. The level of control however is not a decisive test. A leading New Zealand case for determining contractual relationships is that of Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695. Cunningham was the owner-driver of a courier vehicle used by the respondent company. In its decision, the Employment Court reiterated the level of control displayed by the respondent and ruled the relationship was one of contract of service. The Court of Appeal overruled the Employment Court's decision, emphasising that control could no longer be regarded as the sole determining factor. The Court of Appeal interpreted the tight control by the company as displaying "efficient management". ...

See this essay or coursework document in full right now