| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 80 |
| Hearing date | 13 May 2014 |
| Determination date | 15 May 2014 |
| Member | H Doyle |
| Representation | R Kirkwood (in person) ; R Williams |
| Location | Christchurch |
| Parties | Kirkwood v Mat Trix Paving Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Vehicle accident - Whether applicant agreed to pay for damage to truck - Deduction from final wages - Christchurch rebuild - Migrant worker |
| Abstract | AUTHORITY FOUND -;JURISDICTION: No discussion about basis on which applicant engaged by respondent before commencement of relationship. Degree of control and supervision exercised by respondent over applicant's daily work. Applicant's work integral part of respondent's business. Payment of withholding tax not persuasive indicator in present case that applicant not employee. Applicant paid hourly rate, worked regular hours, had no real ability to increase financial return from job and did not provide tools or transport. Applicant not in business on own account. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant did not agree verbally or in writing to any deduction of money from final pay. Applicant not paid holiday pay. Respondent to pay applicant $350 arrears of wages and $297 arrears of holiday pay. |
| Result | Applications granted ; Arrears of wages ($350) ; Arrears of holiday pay ($297.95) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Christchurch_80.pdf [pdf 115 KB] |