| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 102 |
| Hearing date | 9 Jul 2014 |
| Determination date | 10 July 2014 |
| Member | D Appleton |
| Representation | B Lundh (in person) ; No appearance |
| Location | Christchurch |
| Parties | Lundh v Alpha Construction Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - No appearance for respondent - Carpenter |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Control test not of great assistance given applicant's experience meant did not need much direction. However, on balance control test pointed to employment relationship given applicant's evidence that not free to decline work. Common practice for employed carpenters and other tradesmen to use own tools. Integration test not strongly determinative but suggested employment relationship given applicant treated same as other workers who applicant believed were employees. Applicant took no financial risk in working for respondent. Applicant did not submit invoices. Fundamental test suggested employment relationship. Parties never of same mind regarding applicant's status but, based on arrangement as whole, more likely than not applicant employee. Fact applicant did not want to work Saturdays did not mean applicant contractor. Applicant employee.;ARREARS OF HOLIDAY PAY: Applicant not paid holiday pay. Respondent to pay applicant $1,149 arrears of holiday pay. |
| Result | Applications granted ; Arrears of holiday pay ($1,149.60) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6(2);ERA s6(3);Holidays Act 2003;Holidays Act 2003 s23 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_102.pdf [pdf 156 KB] |