| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 113 |
| Hearing date | 12-Jul-16 |
| Determination date | 14 July 2016 |
| Member | Helen Doyle |
| Representation | T Jackson, K Beazley; No appearance |
| Location | Timaru |
| Parties | McNoe v O'Neill Earthworks Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Administration assistant |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant had no employment agreement and was paid in cash. Applicant expected to be treated like other employees. Applicant invoiced respondent for work, completed timesheets and worked set number of hours. Applicant worked under supervision of husband but undertook direction from respondent. Applicant employee.;UNJUSTIFIED DISMISSAL: Fair and reasonable employer would not dismiss in the circumstances. No direct communication between respondent and applicant about continued employment. Applicant never received any reason for termination. Applicant was not consulted and given reasonable opportunity to respond. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4160 reimbursement of lost wages. $6,000 compensation for humiliation etc appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant was short paid $30 for a pay period. Respondent to pay applicant $798 arrears of wages. Applicant never received holiday pay and did not take holidays. Respondent to pay applicant $343 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Authority found case relatively straightforward. Respondent to pay applicant $1,200 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($798) ; Arrears of holiday pay ($343.04) ; Reimbursement of lost wages ($4160) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s123(1)(b);ERA s123(1)(c)(i) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_113.pdf [pdf 223 KB] |