| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 61 |
| Hearing date | 19 Mar 2013 |
| Determination date | 22 March 2013 |
| Member | C Hickey |
| Representation | M Donovan (in person) ; No appearance |
| Location | Christchurch |
| Parties | Donovan v Euro Builders Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Whether Authority had jurisdiction to order respondent to pay PAYE to Inland Revenue Department or provide receipt to applicant for vest purchased by applicant – No written employment agreement – Applicant transported to work site by respondent and provided with tools – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deduction from applicant’s wages – Whether applicant paid higher rate accidently during first two weeks of employment – Failure to provide wage and time records – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant did not pay own tax or submit invoices. Applicant controlled and supervised by respondent and required to wear same vest as other employees. Applicant employee. No jurisdiction to order respondent to pay PAYE to Inland Revenue Department or provide receipt to applicant for vest purchased by applicant.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $208 arrears of wages and $260 arrears of holiday pay. Interest payable. |
| Result | Application partially granted (jurisdiction) ; Application granted (arrears of wages and holiday pay) ; Arrears of wages ($208) ; Arrears of holiday pay ($260) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s130(1);ERA s130(2);ERA s132;ERA s132(1);ERA s132(2);ERA s173(2);ERA Second Schedule cl11;ERA Second Schedule cl12;Holidays Act 2003 s23(2);Judicature Act 1908 s87(3);Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s6 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_61.pdf [pdf 172 KB] |