| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 69 |
| Hearing date | 22 May 2015 |
| Determination date | 28 May 2015 |
| Member | D Appleton |
| Representation | AJ Lodge ; no appearance |
| Location | Invercargill |
| Parties | Charlton v Southland Lightweight Concrete Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor - Three disputed periods of potential employment, periods A, B and C - ARREARS OF WAGES – Applicant sought arrears of wages – Concrete installer |
| Abstract | AUTHORITY FOUND –JURISDICTION: Respondent accepted applicant employee during period A. During period B, arrangements between parties same as during period A, except that applicant paid in lump sums and applicant accounted for tax. Control and integration tests suggested applicant employee. Parties never agreed terms of independent contractor relationship so applicant could not be contractor. Applicant employee during period B. During period C, applicant subject to casual employment agreement, although applicant not signed by applicant. Arrangements same as before. Applicant paid hourly rate plus holiday pay and received sick and bereavement leave. Applicant unable to refuse work or send substitute. During period C, respondent began paying applicant in lump sums. Applicant employee during period C. Applicant employee at all times.ARREARS OF WAGES: Respondent failed to provide wages and time records. Applicant provided accurate records. Respondent to pay applicant $10,619 arrears of wages. Interest payable. |
| Result | Applications granted ; Arrears of wages ($10,619.30) ; Interest (5%) ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6;ERA s6(1)(a);ERA s131;ERA s132;ERA Second Schedule cl 11;Judicature Act 1908 s87;Judicature Act 1908 s87(3);Judicature (Prescribed Rate of Interest) Order 2011 cl4 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] NZSC 34, [2005] 3 NZLR 721 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_69.pdf [pdf 246 KB] |