| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 374 |
| Hearing date | 8 Sep 2014 |
| Determination date | 08 September 2014 |
| Member | A Fitzgibbon |
| Representation | O Krutilina (in person) ; N Kharitonov |
| Location | Auckland |
| Parties | Krutilina v CBR Proofing and Waterproofing Solutions Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Failure to pay annual leave or notice period |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant submitted timesheets, worked regular hours and had PAYE deducted from wages. Applicant not in business on own account and carried out instructions issued by respondent's directors. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $510 arrears of wages, $1,651 arrears of holiday pay and $173 arrears of wages and holiday pay. |
| Result | Applications granted ; Arrears of wages ($510) ; Arrears of holiday pay ($1,651.68) ; Arrears of wages and holiday pay ($173.40) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | 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] NZEmpC 89 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_374.pdf [pdf 275 KB] |