| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 57/04 |
| Hearing date | 14 Jan 2004 - 29 Jan 2004 (2 days) |
| Determination date | 20 February 2004 |
| Member | L Robinson |
| Representation | I Downes (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Downes v Prasad |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Authority proceeded to act as if respondent attended - Whether employee or independent contractor and identity of respondent issues raised by correspondence with Inland Revenue Department - Satisfied applicant employed by respondent - Satisfied applicant employee - Applicant resigned after concerns including dealing with disgruntled contractors - Not paid final wages or holiday pay - Respondent accepted monies owing but failed to pay as promised - Monies due and owing - Interest of 7.5 percent awarded from date of determination until payment - No written employment agreement - Carpenter |
| Result | Application granted ; Arrears of wages ($2,934) ; Arrears of holiday pay ($176.04) ; Interest 7.5 percent ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA Second Schedule cl11;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |