| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 12 |
| Hearing date | 21 Nov 2013 |
| Determination date | 04 February 2014 |
| Member | P R Stapp |
| Representation | J Richardson ; A Higgins |
| Location | Masterton |
| Parties | Johnson v NZL Marquis Ltd |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - Applicant driver of respondent's courtesy coach - Applicant allowed to eat, rest and watch TV while waiting for customers - No employment agreement - Whether applicant volunteer - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - No wage and time records - Whether applicant worked more than 12 hours per week - Whether waiting time should be included - UNJUSTIFIED DISMISSAL- Dismissal - Applicant claimed unjustifiably dismissed - Applicant enquired about employment status and entitlements - Applicant told to leave keys with respondent when not working - Applicant dismissed via text - PENALTY - Applicant sought penalty but did not raise claim until late in case |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant not volunteer. Applicant not in business on own account. Respondent regularly paid applicant for work and applicant expected to be paid. Payments made as part of respondent's business operation. Coach arrangement integral activity of respondent's business. Applicant had regular days of work. Applicant's activities controlled by respondent. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not rostered to work like other employees. No fixed hours. Casual arrangement. No evidence of hours applicant estimated from memory. Waiting time to be excluded but arrears appropriate for shifts worked in addition to usual 12 hours. Entitlement calculated to take account changes in minimum wage. Respondent to pay applicant $969 arrears of wages and $1,709 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: No reason for dismissal. Respondent never raised any concerns with applicant. Dismissal unjustified. REMEDIES: Respondent to pay applicant $1,296 reimbursement of lost wages. $1,000 compensation appropriate.;PENALTY: Late claim for penalty dismissed. No penalty. |
| Result | Applications granted (jurisdiction)(arrears of wages and holiday pay)(unjustified dismissal); Arrears of wages ($969); Arrears of holiday pay ($1,709.52); Reimbursement of lost wages ($1,296); Compensation for humiliation etc ($1,000); Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Wellington_12.pdf [pdf 175 KB] |