| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 157 |
| Hearing date | 29 Nov 2016 - 30 Nov 2016 and 21 Dec 2016 (3 days) |
| Determination date | 29 May 2017 |
| Member | V Campbell |
| Representation | S Carr ; P Pau |
| Location | Auckland |
| Parties | Labour Inspector v Pars Auto Ltd |
| Summary | JURISDICTION - Whether complainant employee or independent contractor - PENALTY - Applicant sought penalty for respondent’s failure to keep wage and time records |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Labour Inspector breached principles of natural justice by refusing to disclose relevant material to respondent and refusing to allow respondent to respond to Labour Inspector’s questions in writing. Statements made during interview with complainant indicated possibility that Labour Inspector not impartial. Investigation by Labour Inspector was inadequate. Labour Inspector failed to follow up discrepancies in statements provided by witnesses before reaching conclusions. Respondent did not own cars. Complainant used own tools and materials. Complainant declared he was not working to WINZ. Complainant operating own business. No jurisdiction.;PENALTY - Complainant not employee so respondent not required to keep wage and time records. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s174E ; Holidays Act 2003 ; Immigration Act s151 ; Minimum Wage Act 1983 ; Motor Vehicle Sales Act 2003 ; New Zealand Bill of Rights Act s27(1) |
| Cases Cited | Daganayasi v Minister of Immigration [1980] 2 NZLR 130 (CA);Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Auckland_157.pdf [pdf 202 KB] |