| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 212 |
| Hearing date | 3 Jun 2014 |
| Determination date | 04 June 2014 |
| Member | A Fitzgibbon |
| Representation | D Choi (in person) ; No appearance |
| Location | Auckland |
| Parties | Choi v Hagfish NZ Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Fixed term engagement to repair fishing vessel - ARREARS OF WAGES - Applicant sought arrears of wages - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant not registered for GST and understood that respondent responsible for PAYE on wages and payment of work related expenses. Applicant worked regularly under instruction from respondent's managing director. Applicant employee.;ARREARS OF WAGES: Respondent to pay applicant $23,098 arrears of wages. |
| Result | Applications granted ; Arrears of wages ($23,098.80) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | EAR r26;ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Poulter v Antipodean Growers Ltd (2010) 7 NZELR 543;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_212.pdf [pdf 213 KB] |