Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 276/04
Hearing date 31 Aug 2004
Determination date 31 August 2004
Member L Robinson
Representation I Tverdokhlib (in person) ; Y Karitov
Location Auckland
Parties Tverdokhlib v Diamond Construction Ltd
Summary ARREARS OF WAGES - Whether employee or independent contractor - Paid according to invoices submitted by applicant - Withholding tax deducted by respondent - Tools provided by respondent - Close instruction and supervision - Degree of control consistent with employment relationship - Applicant employee - Arrears of wages due and owing - Interest payable - OTHER MONIES - Counterclaim by respondent for damaged property - Insufficient evidence to support claim - Counterclaim dismissed - Builder
Result Application granted ; Counterclaim dismissed ; Arrears of wages ($979) ; Interest (7.5%) ; Disbursements in favour of applicant ($70)(Filing fee)
Number of Pages 4
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