| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 47 |
| Hearing date | 17 Apr 2012 |
| Determination date | 26 April 2012 |
| Member | G J Wood |
| Representation | M Turek ; M de Boer |
| Location | Wellington |
| Parties | Turek v Flanagans Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Respondent claimed applicant paid more than respondent’s managers as expectation applicant responsible for own tax, ACC payments and leave – Authority found no common intention as to nature of relationship – Found applicant clearly under control of respondent’s management – Found applicant integrated into respondent’s business – Found applicant not in business on own account as only way applicant could increase wages was to work more hours, which were determined by respondent – Found applicant employee – ARREARS OF WAGES – Applicant sought arrears of wages – Respondent claimed applicant worked some hours claimed on timesheet at different bar – Respondent claimed applicant worked some hours claimed on timesheet for security firm – Respondent claimed respondent’s records showed applicant worked fewer hours than claimed on timesheet – Found respondent’s manager (“G”) told applicant would be paid by respondent for work at other bar – Found G had authority to bind respondent to pay applicant when applicant working at other bar – Found applicant used security company time sheet because no other time sheets available – Found applicant had made genuine estimate of hours worked and time sheet only reflected hours worked behind bar – Respondent to pay applicant $3,190 arrears of wages |
| Result | Application granted; Arrears of wages ($3,190.50); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Tsoupakis v Fendalton Construction Ltd unreported, Colgan CJ, 18 June 2009, WC16/09 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |