| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 207 |
| Determination date | 19 June 2012 |
| Member | R A Monaghan |
| Representation | T Yang ; G Bennett |
| Parties | Chang v Welldone Ltd |
| Summary | JURISDICTION – Whether applicant employee or volunteer – Authority found applicant engaged as volunteer initially – Found applicant became employee under employment agreement signed by wife of respondent’s director – Found applicant employee – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Found respondent obliged to provide paid work for applicant from date of commencement of employment agreement – Respondent to pay applicant $4,120 arrears of wages and $329 arrears of holiday pay – Interest payable – Graphic designer |
| Abstract | Applicant engaged by respondent as graphic designer. Applicant sought arrears of wages and holiday pay. Respondent claimed applicant volunteer. Applicant sought assistance of recruitment consultant (“L”) to obtain employment. Applicant and L agreed that applicant would pay L one instalment when applicant obtained interview, one instalment when applicant obtained employment and one instalment when applicant obtained permanent residence. Respondent claimed told L respondent looking for unpaid intern. L claimed not told by respondent that position unpaid. Respondent claimed offered applicant unpaid work while applicant learned job and applicant not expected to work every day. Applicant attended work and claimed that one week later respondent’s director (“C”) told applicant that applicant to be employed fulltime. Applicant claimed after asking C about pay, C told applicant that applicant would be paid when C returned from trip to China. While C in China applicant prepared application for new work visa, including offer of employment with respondent and employment agreement. C’s wife (“G”) signed offer of employment and employment agreement when G returned from China. Applicant continued to work unpaid until applicant obtained alternative employment two months later.;AUTHORITY FOUND –;JURISDICTION: L aware that position unpaid as applicant only paid L one instalment when applicant obtained job interview. Unlikely that C told applicant that applicant would be engaged as fulltime employee and applicant’s evidence about terms and conditions of alleged agreement vague. C did not agree to pay applicant when C returned from China but only agreed to address nature of relationship between applicant and respondent. Applicant engaged as volunteer initially. Applicant became employee under employment agreement signed by G. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent obliged to provide paid work for applicant from date of commencement of employment agreement. Respondent to pay applicant $4,120 arrears of wages and $329 arrears of holiday pay. Interest payable. |
| Result | Applications granted; Arrears of wages ($4,120); Arrears of holiday pay ($329.60); Interest payable (5%); Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s114 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_207.pdf [pdf 111 KB] |