| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 131 |
| Hearing date | 7 May 2015 |
| Determination date | 08 May 2015 |
| Member | R Larmer |
| Representation | N Zhang (in person) ; no appearance |
| Location | Auckland |
| Parties | Zhang v Euro Renovation Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent - Carpenter |
| Abstract | AUTHORITY FOUND –JURISDICTION: No employment agreement, wages or time records or independent contractor agreement. Applicant believed employee. Advertisement requested employee. More likely than not parties intended relationship to be one of employment. Respondent exercised high level and degree of control over applicant. No evidence that applicant in business on own account. Respondent provided applicant with tools and applicant worked alongside respondent’s employees. Applicant integrated into business. Applicant employed by respondent.ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to keep wage and time records for applicant so Authority accepted applicant’s evidence. Respondent to pay applicant $4,165 arrears of wages and $894 arrears of holiday pay. Interest payable. |
| Result | Applications granted ; Arrears of wages ($4,165.60) ; Arrears of holiday pay ($894.08) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s4(2);ERA s6;ERA s6(2);ERA s6(3);ERA s132;ERA s132(2);Judicature Act 1908 s87 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_131.pdf [pdf 120 KB] |