| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 64 |
| Hearing date | 7 Apr 2015 |
| Determination date | 19 May 2015 |
| Member | H Doyle |
| Representation | S Nannapaneni ; J Everist |
| Location | Ashburton |
| Parties | Tummuru v Khan Enterprises Ltd |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent during training period - Whether applicant employee or independent contractor during rest of work with respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - Chef/Manager |
| Abstract | AUTHORITY FOUND –JURISDICTION: Respondent made promises of payment and applicant received some payment during training period. Respondent had some degree of control over applicant’s work. Applicant undertook training for benefit of respondent. Applicant not intended to be volunteer during training period. Applicant employed by respondent at all times.ARREARS OF WAGES AND HOLIDAY PAY: Parties failed to provide accurate records of time worked and payments made, as payments made in cash. Fair overall assessment showed applicant worked 54 hour weeks. Parties failed to provide accurate evidence of pay rate, if any agreed. Applicant deemed to have been paid at minimum wage. Applicant worked four public holidays and had four days outstanding annual leave. Respondent to pay applicant $13,741 arrears of wages and $1,597 arrears of holiday pay. |
| Result | Applications granted ; Arrears of wages ($13,741.50) ; Arrears of holiday pay ($1,597.68) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s6;ERA s130;Minimum Wage Order (No 2) 2013 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_64.pdf [pdf 242 KB] |