| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 315/04 |
| Hearing date | 19 Feb 2004 |
| Determination date | 27 September 2004 |
| Member | L Robinson |
| Representation | SM Burton (in person) ; M Tait, P Evans |
| Location | Auckland |
| Parties | Burton v Alpine Fresh Filters Ltd |
| Summary | ARREARS OF WAGES - Applicant responded to advertisement offering generous base salary plus commission" - Accepted work-from-home position believing employed on salary for initial three months then switch to commission only - Employment ended following disagreement over whether payment entirely on commission only basis - Whether independent contractor or employee - Words "generous base salary" implied employment - Section 12 Fair Trading Act 1986 provided statement of law and principles applying in pre-employment situations - Advertisement misleading if actually related to independent contractor arrangement - Applicant unlikely to have left previous employment for position not providing regular income - On balance applicant offered employment on payment basis contended by her - Arrears of wages due and owing - UNJUSTIFIED DISMISSAL - Employment ended after respondent said "it's best we call it quits" during disagreement over payment - Applicant agreed with respondent to end employment - No dismissal - Sales representative" |
| Result | Application granted (Arrears of wages) ; Application dismissed (Unjustified dismissal) ; Arrears of wages ($2,500)(5 weeks) ; No order for costs ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s131;ERA s174 |
| Number of Pages | 6 |
| PDF File Link: | aa 315_04.pdf [pdf 19 KB] |