| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 226 |
| Hearing date | 28-Jun-17 |
| Determination date | 22 December 2017 |
| Member | A Dallas |
| Representation | C English ; J Osselton (in person) |
| Location | Christchurch |
| Parties | Labour Inspector v Karamea Holiday Homes Ltd and Ors |
| Other Parties | Robinwood Farms Ltd, Osselton |
| Summary | JURISDICTION – Whether workers employees or volunteers – PRACTICE AND PROCEDURE – Identity of employer – Whether workers employed by first respondent or second respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND – JURISDICTION: Workers performed duties supervised by the Director of the respondents and expected to receive reward for work performed. Workers were employees. PRACTICE AND PROCEDURE: Majority of commercial activity carried out in connection with second respondent. Employees employed by second respondent. ARREARS OF WAGES AND HOLIDAY PAY: Second respondent failed to pay minimum wages and holiday pay. Second respondent to pay applicant $5,279 arrears of wages and holiday pay. |
| Result | Applications granted; Arrears of wages and holiday pay ($5,279.80) ; Interest payable (5%) ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Companies Act 1993 s241(2)(c) ERA s6 ERA s228 ERA s228(1) ERA s131 ERA s132 ERA s174C(3)(b) ERA s174C(4) ERA s174E Holidays Act 2003 s23 Judicature Act 1908 s87(3) Minimum Wages Act 1983 s6 |
| Cases Cited | Idea Services Ltd v Dickinson [2009] ERNZ 116 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Christchurch_226.pdf [pdf 55 KB] |