| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 187/03 |
| Hearing date | 2 May 2003 |
| Determination date | 20 June 2003 |
| Member | D King |
| Representation | R Jansen ; E Sutherland |
| Location | Auckland |
| Parties | Iorns & Anor v Bella Design International Ltd |
| Other Parties | Jansen |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY AND OTHER MONIES - Respondent paid monies owed to first applicant but denied claims in respect of second applicant - Whether second applicant employee or contractor - Respondent failed to file statement of reply in time - Second applicant was employee - Only factor against having found employee status was requirement to furnish invoices - If respondent believed applicant not to be employee should have told her when asked to provide employment agreement - Respondent to pay second applicant one month's notice and holiday pay - Commission payments due and owing - Leave reserved regarding commission payable if dispute over amount - Interest payable on monies owing - PENALTY - Penalties sought for failure to provide employment agreement and wage records - Appropriate case for imposition of penalty - Penalty to be paid to applicants - Remedies - No jurisdiction to make awards for ill health caused by stress and loss of housing opportunity - COSTS - Second applicant sought reimbursement of disbursements - Disbursements of $931 to be paid to second applicant - No award of costs for advocate's time since applicants did not pay advocate |
| Result | Application granted (Penalty) ; Application granted (Monies owing)(Jansen) ; Penalty ($2,000)(Irons) ; Penalty ($2,000)(Jansen) ; Other monies ($11,468)(Commissions owed) ; Arrears of wages ($2,500) ; Arrears of holiday pay ($1,663) ; Disbursements in favour of second applicant ($931) ; Interest (5.25 percent) ; No order for costs |
| Statutes | ERA s6(1)(a);ERA s6(2);ERA s6(3);ERA s64(2);ERA s64(3);ERA s65;ERA s65(2);ERA s130;ERA s130(4);ERA s135(5) |
| Cases Cited | NZ Labourers etc IUOW & Ors v Fletcher Challenge Ltd & Firth Industries Ltd & Ors [1990] 1 NZILR 557 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |