| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 196 |
| Hearing date | 22 May 2017 - 23 May 2017 (2 days) |
| Determination date | 04 July 2017 |
| Member | A Fitzgibbon |
| Representation | S Blick ; R Harris |
| Location | Hamilton |
| Parties | Labour Inspector v Cheap Deals on Wheels Ltd |
| Summary | JURISDICTION - Whether worker employee or independent contractor - PENALTY - Applicant sought penalty for respondent’s various breaches of Employment Relations Act 2000, Holidays Act 2003 and Minimum Wage Act 1983 |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Worker subject to high degree of control by respondent. Worker’s duties integral to respondent’s business. Worker took no financial risk nor did he invest in business. Worker paid retainer and commissions on basis he would be reimbursed when he organised visa. Significantly more features indicate employment relationship. Worker employee.;PENALTY: Respondent, without reasonable excuse, failed to provide Labour Inspector with employment agreement. Respondent failed to keep wage and time records, and holiday and leave records. Respondent failed to pay annual holiday pay and holiday pay upon termination. $15,000 penalty appropriate. |
| Result | Penalty ($10,000)(crown) ($5,000)(applicant) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s6 ; ERA s136(2) ; ERA s174E ; ERA s229(1) ; ERA s235(1) ; Holidays Act 2003 s23 ; Holidays Act 2003 s23(2) ; Holidays Act 2003 s27(2) ; Holidays Act 2003 s81 ; Minimum Wage Act 1983 s8A |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Auckland_196.pdf [pdf 278 KB] |