| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 94 |
| Hearing date | 14-Mar-17 |
| Determination date | 03 April 2017 |
| Member | E Robinson |
| Representation | S Mickelson (in person) ; C Bold |
| Location | Auckland |
| Parties | Mickelson v Bold, O'Neill and Associates Ltd |
| Summary | JURISDICTION - Whether applicant employee or independent contractor - Whether applicant became independent contractor after accepting proposal by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, holiday pay and KiwiSaver - Telephone Salesperson |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant originally employee. Not clear what terms of proposal were. No subsequent confirmation that employment agreement came to end. Respondent did not respond to applicant’s enquiries or confirm new arrangement in writing. Control and integration test not determinative of true nature of relationship. Insufficient evidence to indicate applicant in business on own account. Applicant employee.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to remuneration at rate set out in employment agreement. Respondent to pay applicant $2,138 arrears of wages, $684 arrears of holiday pay and $302 arrears of KiwiSaver. |
| Result | Applications granted ; Arrears of wages ($2,138) ; Arrears of holiday pay ($684.38) ; Arrears of KiwiSaver ($302.40) ; Disbursements in favour of applicant ($71.56) (filing fee) ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721;Singh v Eric James & Associates Ltd [2010] NZEmpC 1;TNT Worldwide Express (NZ) Ltd v Cunningham [1993] 3 NZLR 681 (CA) |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Auckland_94.pdf [pdf 290 KB] |