| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 26 |
| Hearing date | 24 Feb 2015 |
| Determination date | 02 March 2015 |
| Member | M B Loftus |
| Representation | A Boniface ; no appearance |
| Location | Christchurch |
| Parties | Zyskowski v King & Co (2012) Ltd |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - Applicant shareholder - Whether initial arrangement subsequently altered - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, holiday pay and Kiwisaver - Applicant received net amount but no PAYE forwarded to IRD - Applicant sought difference between gross sum and net amount paid - No time and wage records - RAISING PERSONAL GRIEVANCE - Applicant sought to raise grievance out of time - No appearance for respondent - Driver |
| Abstract | AUTHORITY FOUND -JURISDICTION: Shareholder still capable of being employee. Applicant very minor shareholder. Little doubt parties initially intended applicant to be employee. No evidence arrangement changed. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $16,489 arrears of wages and $9,012 arrears of holiday pay. Respondent to pay applicant $2,112 arrears of Kiwisaver.;RAISING PERSONAL GRIEVANCE: Applicant did nothing to progress grievance claim until expiry of 90 days. Applicant's efforts inadequate. No exceptional circumstances. Leave to raise grievance out of time declined. |
| Result | Applications granted (jurisdiction)(arrears of wages and holiday pay); Arrears of wages ($16,489.20); Arrears of holiday pay ($9,012.64); Arrears of Kiwisaver ($2,112.60); Application dismissed (raising personal grievance); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s114(1);ERA s114(3);ERA s114(4);ERA s115;ERA s130;ERA s132;ERA s132(1);Kiwisaver Act 2006 s10;Kiwissaver Act 2006 s101D(4) |
| Cases Cited | Lee v Lee's Air Farming Ltd [1961] NZLR 325 (PC) |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Christchurch_26.pdf [pdf 163 KB] |