| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 141 |
| Hearing date | 10-May-16 |
| Determination date | 11 May 2016 |
| Member | Rachel Larmer |
| Representation | W Zhou (in person) ; H Chen |
| Location | Auckland |
| Parties | Zhou v Goodego Ltd |
| Summary | JURISDICTION – Whether applicant employee or volunteer – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant intended and believed working relationship was with respondent. Applicant believed there was ongoing paid employment. Applicant was not paying reduced rent in exchange for work. No evidence applicant contractor. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: No written consent for applicant to be paid in other than money. Applicant’s evidence about days and hours of work not disproven by respondent. Respondent to pay applicant $2,950 arrears of wages and $236 arrears of holiday pay. |
| Result | Application granted ; Arrears of wages ($2,950) ; Arrears of holiday pay ($236) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s4(2);ERA s6;ERA s6(1)(a);ERA s6(1)(c);ERA s6(2);ERA s65;ERA s130;ERA s132(2);ERA s134(2);Minimum Wage Act 1983;Wages Protection Act 1983 s2;Wages Protection Act 1983 s7 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_141.pdf [pdf 159 KB] |