| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 213 |
| Hearing date | 19-May-16 |
| Determination date | 28 June 2016 |
| Member | Nicola Craig |
| Representation | N Wyatt (in person) ; P Gounder |
| Location | Auckland |
| Parties | Wyatt v Sundra Transport Ltd & Anor |
| Other Parties | Hilltech Ltd |
| Summary | JURISDICTION – Whether applicant employee or volunteer - PRACTICE AND PROCEDURE – Identity of employer – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution towards costs – Truck driver |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant expected monetary reward for performance of work trial. Applicant received non-monetary award for work performed. Respondents received economic benefit from applicant’s driving work and involvement in unloading freight. Applicant employee.;PRACTICE AND PROCEDURE: Evidence all employees of driving business employed by second respondent. Applicant employed by second respondent.;ARREARS OF WAGES AND HOLIDAY PAY: Parties had no verbal discussion about pay rate. Applicant’s claimed rate within range respondents paid drivers and industry norms. Respondent to pay applicant $509 arrears of wages and $40 arrears of holiday pay.;COSTS: Applicant not legally represented and cannot claim costs. No order for costs. |
| Result | Applications granted (arrears of wages and holiday pay) ; Arrears of wages ($509.25) ; Arrears of holiday pay ($40.74) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s174E;Holidays Act 2003 |
| Cases Cited | Murphy & Routhan (t/a Enzo's Pizza) v Van Beek [1998] 2 ERNZ 607 (EmpC);Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_213.pdf [pdf 157 KB] |