| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 32 |
| Hearing date | 23 Aug 2011 |
| Determination date | 04 April 2012 |
| Member | P R Stapp |
| Representation | A Parker ; P Doherty (in person) |
| Location | Masterton |
| Parties | Rimene v Doherty & Anor |
| Other Parties | Natusch Group Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor - PRACTICE AND PROCEDURE – Identity of employer – Applicant first employed by first respondent (“D”) as casual employee – Second respondent (“NGL”) was registered on companies register and NGL’s name on applicant’s timesheets – Parties did not discuss change in employer – Parties’ draft employment agreement (“EA”) stated third party applicant’s employer – Authority found applicant not in business on own account and applicant integral part of operation as D lived overseas – Found reference to NGL on timesheets as NGL administered applicant’s pay on D’s behalf - Found doctrine of undisclosed principal applied – Found NGL not registered on companies register during applicant’s employment – Found applicant employee and employed by D - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought $25,399 arrears of wages and $9,140 arrears of holiday pay based on bank statements and time sheets - Authority found applicant claimed higher hourly rate than rate stated on applicant’s pay slips – Found parties’ draft EA did not refer to rent arrangement and no evidence that respondents would pay for applicant’s accommodation – Parties disputed when applicant’s employment ended – Applicant denied received letter from respondent that employment had been terminated and claimed employment continued for further two years - Respondent denied applicant became fulltime employee and applicant’s pay included rental payments – Letter between parties provided for assistance with applicant’s housing and vehicle expenses – D claimed only provided letter to support applicant’s loan application – Found applicant failed to properly identify arrears of wages and holiday pay owing – Found applicant’s claim based on figures not supported by other records – Found not plausible employment continued two years after respondent claimed employment ended – No arrears of wages - Found employment ended when respondent’s records showed last payment made to applicant – Found D failed to provide evidence applicant not owed holiday pay - Found $7,497 arrears of holiday pay due and owing - RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – D denied applicant raised grievance in telephone conversation with D - Found claim not followed up in writing – Applicant did not seek to raise grievance out of time – Found D not notified of grievance until received statement of claim and D did not consent to applicant raising grievance out of time – Found grievance not raised within 90 days - Manager |
| Result | Applications granted (jurisdiction, practice and procedure and arrears of holiday pay) ; Arrears of holiday pay ($7,497.60) ; Applications dismissed (arrears of wages and raising personal grievance) ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 10 |
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