| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 405 |
| Hearing date | 17 Oct 2012 |
| Determination date | 16 November 2012 |
| Member | J Crichton |
| Representation | J Chin (in person) ; No appearance |
| Location | Auckland |
| Parties | Chin v Switch On Ltd and Anor |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Authority found applicant provided with employment agreement and only purpose of invoices provided by applicant to record hours worked by applicant – Found applicant employee – PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – Found most likely applicant employed by second respondent – ARREARS OF WAGES – Applicant sought arrears of wages – Found applicant not paid fully – Second respondent to pay applicant $2,200 arrears of wages – Magician |
| Abstract | Applicant employed by respondent as magician. Applicant sought arrears of wages. No appearance for respondents. Applicant offered employment at bar by director of first and second respondents (“S”). S undertook to prepare employment agreement (“EA”) but in meantime applicant to invoice hours worked. Applicant’s invoices not GST invoices. After short period applicant asked to redirect invoices to second respondent’s director (“Z”) and unpaid cheque issued to applicant from second respondent. Applicant provided with EA. Applicant claimed not paid fully.;AUTHORITY FOUND –;JURISDICTION: Applicant told would be employed and provided with EA. Invoices provided by applicant not GST invoices and only purpose to record hours worked by applicant. Applicant employee.;PRACTICE AND PROCEDURE: Applicant’s invoices addressed to first respondent but unpaid cheque issued by second respondent. Most likely applicant employed by second respondent.;ARREARS OF WAGES: Applicant not paid fully. Second respondent to pay applicant $2,200 arrears of wages. |
| Result | Applications granted ; Arrears of wages ($2,200) ; Costs to lie where they fall |
| Main Category | Jurisdiction |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_405.pdf [pdf 149 KB] |