| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 73 |
| Hearing date | 29 Mar 2012 |
| Determination date | 24 April 2012 |
| Member | A Dumbleton |
| Representation | D Olivier (in person) ; A Collyer |
| Location | Christchurch |
| Parties | Olivier v Cloudberry Busienss Solutions Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Respondent directed applicant’s work – Applicant paid without deduction for tax – Authority found respondent exercised strong element of control over applicant’s work – Found applicant could only increase earnings by working longer hours – Found applicant integrated into respondent’s business and not in business on own account – Found applicant’s preference to manage own tax weak indication applicant independent contractor – Found applicant employee – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant claimed respondent failed to pay wages during notice period – Respondent accepted money owing but disputed quantum – Authority found applicant entitled to arrears of wages - Respondent to pay applicant $5,560 arrears of wages – Respondent to pay applicant arrears of holiday pay with parties to determine quantum – Business advisor |
| Result | Application granted; Arrears of wages ($5,460.15); Arrears of holiday pay (quantum to be determined); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(2) |
| Cases Cited | Bryson v Three Foot Six Ltd [2003] ERNZ 372; [2005] 3 NZLR 721;Poulter v Antipodean Growers Ltd (2010) 7 NZELR 543 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_73.pdf [pdf 31 KB] |