| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 214 |
| Hearing date | 20-Jul-17 |
| Determination date | 21 July 2017 |
| Member | R Larmer |
| Representation | D Vinnicombe ; B Hamill |
| Location | Auckland |
| Parties | Gibson v Fineway Builders Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution towards costs – Painter |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No employment agreement. Lack of mutual intent between parties of employment relationship. Respondent allocated, monitored and had a high level of control over applicant’s work. Applicant paid directly by respondent and not required to generate invoices. Applicant not in business on own account. Applicant employee. UNJUSTIFIED DISMISSAL: Respondent’s text message advising applicant that it would have no work available in future adversely impacted on ongoing employment. Respondent did not follow fair and proper processes prior to termination of applicant’s employment. Respondent failed to comply with statutory obligations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,196 reimbursement of lost wages. $3,500 compensation appropriate. COSTS: Applicant entitled to contribution towards costs. Less than one day investigation meeting. Appropriate to apply daily tariff. Respondent to pay applicant $750 towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($2,196) ; Compensation for humiliation etc ($3,500) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(2);ERA s5;ERA s6;ERA s6(2);ERA s6(3);ERA s103A(3);ERA s128(2) |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Auckland_214.pdf [pdf 173 KB] |